Clark v State Parole Authority of New South Wales (No 2) [2011] NSWSC 1491

Clark v State Parole Authority of New South Wales (No 2) [2011] NSWSC 1491

The Crimes (Administration of Sentences) Act 1999 does not provide the Court with power to award costs in these circumstances, and existing precedent binds the Court to refuse the application.

Jurisdiction
Australia
Judgment Date
23 November 2011
Procedural Posture
Application Under Section 155(1)(b) of the Crimes (administration of Sentences) Act 1999 / Costs Ruling After Substantive Direction Given
Outcome
Application for costs refused; order as agreed by parties made under section 155(1)(b)
Legal Topics
['costs in Criminal Cases']
['criminal Law'] ['costs in Criminal Cases']

Case Brief

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Procedural Posture

Application Under Section 155(1)(b) of the Crimes (administration of Sentences) Act 1999 / Costs Ruling After Substantive Direction Given

Legal Issues

  1. 1 ['Whether costs should be awarded in criminal proceedings under section 155(1)(b) of the Crimes (Administration of Sentences) Act 1999']

Ratio Decidendi

The Crimes (Administration of Sentences) Act 1999 does not provide the Court with power to award costs in these circumstances, and existing precedent binds the Court to refuse the application.

Court Disposition

Application for costs refused; order as agreed by parties made under section 155(1)(b)

Orders

  • ['Application for costs refused' 'Direction given to State Parole Authority under section 155 of the Crimes (Administration of Sentences) Act 1999 (NSW) regarding Serious Offenders Review Council report paragraph 7']