Inner West Council v Saad [2020] NSWLEC 116

Inner West Council v Saad [2020] NSWLEC 116

The legislative gap resulting from the repeal of s 125 and introduction of s 9.51 of the Environmental Planning and Assessment Act 1979 did not constitute an exceptional circumstance relating to the conduct of the prosecutor; therefore, costs were not awarded under s 257D(1)(d) of the Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
20 July 2020
Procedural Posture
Criminal Proceedings / Application for Costs Following Withdrawal of Summons
Outcome
Application for costs denied
Legal Topics
['costs' 'statutory Interpretation' 'transitional Provisions']
['criminal Law' 'planning Law'] ['costs' 'statutory Interpretation' 'transitional Provisions']

Case Brief

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Procedural Posture

Criminal Proceedings / Application for Costs Following Withdrawal of Summons

Legal Issues

  1. 1 ['Whether costs should be awarded to the defendant after the withdrawal of summons due to legislative amendment removing offence' 'Whether legislative amendment is an exceptional circumstance relating to conduct of prosecutor under s 257D(1)(d) of Criminal Procedure Act 1986']

Ratio Decidendi

The legislative gap resulting from the repeal of s 125 and introduction of s 9.51 of the Environmental Planning and Assessment Act 1979 did not constitute an exceptional circumstance relating to the conduct of the prosecutor; therefore, costs were not awarded under s 257D(1)(d) of the Criminal Procedure Act 1986.

Court Disposition

Application for costs denied

Orders

  • ['No order for costs under s 257D of the Criminal Procedure Act 1986']