SASTERAWAN v MORRIS (NO. 2) [2007] NSWCCA 341

SASTERAWAN v MORRIS (NO. 2) [2007] NSWCCA 341

Where an appeal by way of stated case under s 5B of the Criminal Appeal Act 1912 (NSW) is dismissed and the points raised lack merit, with no error identified in the primary judgment, and where any asserted public importance has been resolved before the hearing, a costs order against the unsuccessful appellant is appropriate.

Jurisdiction
Australia
Judgment Date
11 December 2007
Procedural Posture
Criminal Appeal by Way of Stated Case / Post Judgment, Application for Costs Order
Outcome
Appellant ordered to pay Respondent's costs of proceedings in this Court.
Legal Topics
['costs' 'stated Case' 'authority to Prosecute']
['criminal Procedure'] ['costs' 'stated Case' 'authority to Prosecute']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal by Way of Stated Case / Post Judgment, Application for Costs Order

Legal Issues

  1. 1 ['Whether an order for costs should be made against the unsuccessful appellant in a stated case criminal appeal' 'Whether the appeal raised a matter of public importance or uncertainty as to legal authority justifying a different costs order']

Ratio Decidendi

Where an appeal by way of stated case under s 5B of the Criminal Appeal Act 1912 (NSW) is dismissed and the points raised lack merit, with no error identified in the primary judgment, and where any asserted public importance has been resolved before the hearing, a costs order against the unsuccessful appellant is appropriate.

Court Disposition

Appellant ordered to pay Respondent's costs of proceedings in this Court.

Orders

  • ["Order the Appellant to pay the Respondent's costs of the proceedings in this Court."]