Mouawad v The Hills Shire Council (No 2); Mouawad v The Hills Shire Council (No 2) [2013] NSWLEC 172

Mouawad v The Hills Shire Council (No 2); Mouawad v The Hills Shire Council (No 2) [2013] NSWLEC 172

Because s 72(b) required the costs orders to state a time for payment, and the appellants provided no evidence or reason justifying additional time beyond the 28 days proposed by the Council, the costs orders were amended to require payment within 28 days after agreement as to costs or the issue of a certificate of assessment, whichever is earlier.

Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Class 6 Appeal From Local Court; Costs Application / Ex Tempore Judgment on the Respondent's Application to Amend Costs Orders After Dismissal of the Appeals
Outcome
Costs orders amended; appellants' request for additional time beyond 28 days refused.
Legal Topics
['costs Orders' 'time for Payment of Costs' 'amendment of Orders' 'crimes (appeal and Review) Act 2001 S 72']
['costs' 'criminal Appeals'] ['costs Orders' 'time for Payment of Costs' 'amendment of Orders' 'crimes (appeal and Review) Act 2001 S 72']

Case Brief

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Procedural Posture

Class 6 Appeal From Local Court; Costs Application / Ex Tempore Judgment on the Respondent's Application to Amend Costs Orders After Dismissal of the Appeals

Legal Issues

  1. 1 ['Whether the costs orders should be amended to state a time within which costs must be paid as required by s 72(b) of the Crimes (Appeal and Review) Act 2001.' 'Whether the appellants should be allowed further time to pay the costs beyond the 28 days proposed by the Council.']

Ratio Decidendi

Because s 72(b) required the costs orders to state a time for payment, and the appellants provided no evidence or reason justifying additional time beyond the 28 days proposed by the Council, the costs orders were amended to require payment within 28 days after agreement as to costs or the issue of a certificate of assessment, whichever is earlier.

Court Disposition

Costs orders amended; appellants' request for additional time beyond 28 days refused.

Orders

  • ["No 60290 of 2011: order (2) in Mouawad v The Hills Shire Council; Mouawad v The Hills Shire Council [2013] NSWLEC 165 is amended as follows: the appellant is to pay the prosecutor's costs as agreed or assessed with such costs to be paid within 28 days after an agreement as to the amount of costs has been made or...