WILLTARA CONSTRUCTIONS v OWEN [1999] NSWCCA 390

WILLTARA CONSTRUCTIONS v OWEN [1999] NSWCCA 390

The appellant was neither convicted nor subject to an order to pay costs, thus the appeal is not competent under s 5AB.

Jurisdiction
Australia
Judgment Date
23 November 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed as incompetent.
Legal Topics
['appeal' 'costs' 'criminal Appeal Act Ss5 AA, 5 Ab']
['criminal Law'] ['appeal' 'costs' 'criminal Appeal Act Ss5 Aa, 5 Ab']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appeal against the costs order is competent under s 5AB of the Criminal Appeal Act 1912']

Ratio Decidendi

The appellant was neither convicted nor subject to an order to pay costs, thus the appeal is not competent under s 5AB.

Court Disposition

Appeal dismissed as incompetent.

Orders

  • ['The appeal is dismissed as incompetent.']