Aouad v R; El-Zayet v R (No 2) [2013] NSWSC 991

Aouad v R; El-Zayet v R (No 2) [2013] NSWSC 991

The applications for a certificate under the Costs in Criminal Cases Act 1967 are civil proceedings. The applicants are responsible for the costs incurred by the Crown as fairness dictates that costs should follow the event. There are no sufficient reasons to depart from the general rule.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Costs Application Following Dismissal of Motions / Decision on Costs
Outcome
Applicants to pay the Crown's costs of the motion on the ordinary basis as agreed or assessed.
Legal Topics
['costs Following the Event' 'civil Vs Criminal Proceedings' 'waiver of Privilege']
['civil Procedure' 'costs'] ['costs Following the Event' 'civil Vs Criminal Proceedings' 'waiver of Privilege']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application Following Dismissal of Motions / Decision on Costs

Legal Issues

  1. 1 ['Whether the proceedings were civil or criminal in nature for the purposes of costs' 'Whether there should be a departure from the general rule that costs follow the event']

Ratio Decidendi

The applications for a certificate under the Costs in Criminal Cases Act 1967 are civil proceedings. The applicants are responsible for the costs incurred by the Crown as fairness dictates that costs should follow the event. There are no sufficient reasons to depart from the general rule.

Court Disposition

Applicants to pay the Crown's costs of the motion on the ordinary basis as agreed or assessed.

Orders

  • ["Ramzi Aouad is to pay the Crown's costs of the motion on the ordinary basis as agreed or assessed." "Naseam El-Zayet is to pay the Crown's cost of the motion on the ordinary basis as agreed or assessed."]