Federal Court of Australia
JUDGMENT No. 4.19.88.
CATCHWORODS
coOsTS - criminal proceedings - indictable offence - stay granted by Supreme Court - whether ordinary rule as to costs in
criminal cases applies.
CRIMINAL LAW — costs - stay of proceedings.
The Queen v. Dorel Goia act G85 of 1987
FORSTER, PINCUS & MILES JJ.
CANBERRA 260 AUGUST 1988
FRE!
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
ACT G85 of 1987
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE QUEEN
Appellant AND: DOREL GOIA Respondent MINUTES OF ORDER JUDGES MAKING ORDER: FORSTER, PINCUS & MILES JJ. DATE OF ORDER: 26 AUGUST 1988 WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. the appeal be allowed;
2. the order made by the learned primary judge that the Crown pay the costs of and incidental to the Notice of Motion dated the 22nd day of October 1987, be set aside;
3. there be no order as to the costs of the appeal.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) AUSTRALIAN CAPITAL TERRITORY ) ) )
DISTRICT REGISTRY GENERAL DIVISION
ACT G85 of 1987
ON APPEAL FROM A SINGLE JUDGE OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: THE QUEEN Appellant
AND
DOREL GOIA
Respondent
CORAM: FORSTER, PINCUS & MILES JJ.
DATE: 26 August 1988
REASONS FOR JUDGMENT
FORSTER & PINCUS JJ.:
This is an appeal by the Crown against an order made in
the Supreme Court of the Australian Capital Territory that the Crown pay costs. The appeal is brought on the basis that the order infringed the rule that in criminal matters costs are not ordinarily awarded for or against the Crown, and the rule that in
general the Crown does not have to pay costs in any sort of case.
The respondent was charged on the information of one
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