Nash v Resource Pacific Pty Ltd (No 4) [2019] NSWSC 1253

Nash v Resource Pacific Pty Ltd (No 4) [2019] NSWSC 1253

The defendant is entitled to have its costs of the proceedings, as there was no disentitling conduct and the ordinary principle applies that a successful defendant in summary proceedings ordinarily has a reasonable expectation of an award of costs, including where dismissal occurs through statutory defence under the OHS Act. The prosecutor's contentions characterising principles as inapplicable to OHS proceedings were rejected.

Jurisdiction
Australia
Judgment Date
20 September 2019
Procedural Posture
Summary Criminal Proceedings / Costs Decision After Dismissal of Charges
Outcome
Costs application granted to defendant
Legal Topics
['costs in Criminal Proceedings' 'occupational Health and Safety Act 2000 (nsw)' 'statutory Defences' 'summary Proceedings' 'professional Costs' 'burden of Proof' 'evidentiary Issues in Prosecutions']
['criminal Law' 'work Health and Safety' 'costs'] ['costs in Criminal Proceedings' 'occupational Health and Safety Act 2000 (nsw)' 'statutory Defences' 'summary Proceedings' 'professional Costs' 'burden of Proof' 'evidentiary Issues in Prosecutions']

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Procedural Posture

Summary Criminal Proceedings / Costs Decision After Dismissal of Charges

Legal Issues

  1. 1 ["Whether the prosecutor should pay the defendant's costs after dismissal of summary criminal charges under the Occupational Health and Safety Act 2000 (NSW)" 'Application of Latoudis v Casey principles to OHS prosecutions dismissed via statutory defence' 'Relevant disentitling conduct in the factual context of the trial']

Ratio Decidendi

The defendant is entitled to have its costs of the proceedings, as there was no disentitling conduct and the ordinary principle applies that a successful defendant in summary proceedings ordinarily has a reasonable expectation of an award of costs, including where dismissal occurs through statutory defence under the OHS Act. The prosecutor's contentions characterising principles as inapplicable to OHS proceedings were rejected.

Court Disposition

Costs application granted to defendant

Orders

  • ['The defendant shall bring in short minutes of order reflecting this judgment within 7 days of the publication of this judgment.']