Inspector Martin Carmody v Ronald William Frankel [2003] NSWIRComm 159

Inspector Martin Carmody v Ronald William Frankel [2003] NSWIRComm 159

The appropriate level of costs should be fixed by reference to the quantum of costs which would apply if the proceedings had been initiated in the Chief Industrial Magistrate's Court, given the circumstances and the relatively small amounts involved, and in light of the defendant's financial situation.

Jurisdiction
Australia
Judgment Date
27 May 2003
Procedural Posture
Prosecution Under S 50(1) of the Occupational Health and Safety Act 1983 / Costs Determination Following Conviction
Outcome
Costs to be assessed as if before the Chief Industrial Magistrate's Court; specific orders as to costs for proceedings on 8 April 2003 in defendant's favour unless prosecutor applies within 14 days.
Legal Topics
['costs' 'concurrent Jurisdiction' 'prosecution for Breach of Occupational Health and Safety Act']
['industrial Law' 'occupational Health and Safety'] ['costs' 'concurrent Jurisdiction' 'prosecution for Breach of Occupational Health and Safety Act']

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

Prosecution Under S 50(1) of the Occupational Health and Safety Act 1983 / Costs Determination Following Conviction

Legal Issues

  1. 1 ["Whether costs should be assessed as if proceedings were commenced before the Chief Industrial Magistrate's Court or the Industrial Relations Commission" 'Whether the prosecutor was entitled to costs at the higher court rate']

Ratio Decidendi

The appropriate level of costs should be fixed by reference to the quantum of costs which would apply if the proceedings had been initiated in the Chief Industrial Magistrate's Court, given the circumstances and the relatively small amounts involved, and in light of the defendant's financial situation.

Court Disposition

Costs to be assessed as if before the Chief Industrial Magistrate's Court; specific orders as to costs for proceedings on 8 April 2003 in defendant's favour unless prosecutor applies within 14 days.

Orders

  • ["The defendant is to pay the costs of the prosecutor save with respect to the proceedings before this Court on the 8 April 2003, such costs to be in an amount payable as if the proceedings were conducted before the Chief Industrial Magistrate's Court to be assessed by this Court in default of agreement." "The...