Inspector John Patton v Vibro-Pile (Aust) Pty Ltd & Anor [2005] NSWIRComm 234

Inspector John Patton v Vibro-Pile (Aust) Pty Ltd & Anor [2005] NSWIRComm 234

The defendants were properly notified of both the costs claim and the hearing. The prosecutor’s costs are reasonable in light of preparation and the conduct of the prosecutions. Joint and several liability for costs is justified.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Prosecution / Costs Determination After Pleas of Guilty and Sentencing
Outcome
Costs order made in favor of the prosecutor, jointly and severally against both defendants.
Legal Topics
['costs Quantification' 'reasonable Costs in Criminal Prosecutions' 'notification of Parties']
['occupational Health and Safety' 'industrial Law'] ['costs Quantification' 'reasonable Costs in Criminal Prosecutions' 'notification of Parties']

Case Brief

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Procedural Posture

Prosecution / Costs Determination After Pleas of Guilty and Sentencing

Legal Issues

  1. 1 ['Whether the defendants were properly notified of the costs claim and hearing date' 'Whether the costs sought by the prosecutor are reasonable given the circumstances']

Ratio Decidendi

The defendants were properly notified of both the costs claim and the hearing. The prosecutor’s costs are reasonable in light of preparation and the conduct of the prosecutions. Joint and several liability for costs is justified.

Court Disposition

Costs order made in favor of the prosecutor, jointly and severally against both defendants.

Orders

  • ['In IRC3078 of 2002, the defendant is jointly and severally liable with the defendant in IRC3079 of 2002 to the prosecutor for costs in the sum of $15,579.40.' 'In IRC3079 of 2002, the defendant is jointly and severally liable with the defendant in IRC3078 of 2002 to the prosecutor for costs in the sum of...