Orr v Hunter Quarries Pty Ltd (No 2) [2022] NSWCCA 138

Orr v Hunter Quarries Pty Ltd (No 2) [2022] NSWCCA 138

An order for costs was appropriate as Hunter Quarries was compelled to defend the proceedings following Mr Orr’s referral of questions, which were largely unsuccessful and amounted to an attempt to appeal the judgment, contrary to the purpose of s 5AE; Hunter Quarries should be compensated for its costs.

Parties
Applicant: Steven James Orr; Respondent: Hunter Quarries Pty Ltd
Jurisdiction
Australia
Judgment Date
22 June 2022
Procedural Posture
Criminal Stated Case (costs Application) / Post Referral Determination of Costs Following Questions of Law
Outcome
Costs order made against applicant
Legal Topics
Stated Case Procedure, Cost Order Discretion, Work Health and Safety Prosecutions
Criminal Law Costs Stated Case Procedure Cost Order Discretion Work Health and Safety Prosecutions

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Parties

Steven James Orr

Applicant

Hunter Quarries Pty Ltd

Respondent

Procedural Posture

Criminal Stated Case (costs Application) / Post Referral Determination of Costs Following Questions of Law

Legal Issues

  1. 1 Whether costs should be awarded following determination of questions of law under s 5AE of the Criminal Appeal Act 1912
  2. 2 Appropriate exercise of discretion to award costs when a prosecutor refers questions of law

Ratio Decidendi

An order for costs was appropriate as Hunter Quarries was compelled to defend the proceedings following Mr Orr’s referral of questions, which were largely unsuccessful and amounted to an attempt to appeal the judgment, contrary to the purpose of s 5AE; Hunter Quarries should be compensated for its costs.

Court Disposition

Costs order made against applicant

Orders

  • Steven James Orr pay the costs of Hunter Quarries Pty Ltd of and incidental to the referral to this Court of the questions ultimately determined in Orr v Hunter Quarries Pty Ltd [2022] NSWCCA 39