10 Jul 2003
Where the magistrate dismissed the charges because prosecution witnesses were unreliable and there was no reliable evidence to support findings that the appellant acted improperly, there were no positive reasons to refuse costs; accordingly the appeal allowing costs was required.
16 Jan 2003
Where a magistrate has acquitted defendants because prosecution witnesses were not credible or their evidence had no significant weight, the magistrate cannot properly base a refusal of costs on that same evidence; in such circumstances the discretion should be exercised in favour of awarding costs. The appellate court set aside the magistrate's refusal and ordered costs for the appellants.
22 Jun 2001
The magistrate erred by relying on the prosecutor's opening and inadmissible hearsay material rather than admissible evidence; absent any evidence of an admission or interview record before the magistrate, the refusal to award costs was a misapplication of discretion, and the appeal is allowed with costs awarded to the appellant.
6 May 1974
Where an accused admits theft and unlawful pawning and the owner and pawnbrokers are given an opportunity to be heard, the magistrate complies with s30(2); on the facts (new, high‑value watches and lack of reasonable inquiries by pawnbrokers) the magistrate properly exercised his discretion to order return of the watches to the owner without payment to pawnbrokers.