Hallaby v Harris [2020] NSWCA 12

Hallaby v Harris [2020] NSWCA 12

Leave to appeal should be refused because the applicant failed to establish any appealable error in the primary judge’s assessment of the magistrate’s exercise of discretion with respect to costs; submissions focused on the magistrate’s decision rather than the correctness of the primary judge’s judgment; none of the proposed grounds raised sufficiently arguable or relevant errors.

Jurisdiction
Australia
Judgment Date
17 February 2020
Procedural Posture
Appeal / Application for Leave to Appeal From Supervisory Jurisdiction Judgment
Outcome
Leave to appeal refused; costs awarded to first respondent and, on a submitting basis, to second respondent.
Legal Topics
['costs in Criminal Proceedings' 'supervisory Jurisdiction' 'leave to Appeal' 'error of Law' 'discretionary Costs Orders']
['criminal Procedure' 'judicial Review'] ['costs in Criminal Proceedings' 'supervisory Jurisdiction' 'leave to Appeal' 'error of Law' 'discretionary Costs Orders']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal From Supervisory Jurisdiction Judgment

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from dismissal of judicial review' 'Proper application of Criminal Procedure Act 1986 (NSW) s 214(1)(b) and (d)' 'Whether magistrate erred in refusing to award costs for unsuccessful prosecution' "Scope of judicial review of magistrate's discretion in costs matters"]

Ratio Decidendi

Leave to appeal should be refused because the applicant failed to establish any appealable error in the primary judge’s assessment of the magistrate’s exercise of discretion with respect to costs; submissions focused on the magistrate’s decision rather than the correctness of the primary judge’s judgment; none of the proposed grounds raised sufficiently arguable or relevant errors.

Court Disposition

Leave to appeal refused; costs awarded to first respondent and, on a submitting basis, to second respondent.

Orders

  • ['Direct that the prosecutor/informant be identified as the first respondent.' 'Dismiss the summons seeking leave to appeal filed on 9 October 2019.' 'Order that the applicant pay the costs of the first respondent (Senior Constable Harris) and, on a submitting basis, the costs of the Local Court of New South Wales.']