Hariz v Director of Public Prosecutions (NSW) [2021] NSWCA 264

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hariz v Director of Public Prosecutions (NSW) [2021] NSWCA 264 Hearing dates: 25 October 2021 Date of orders: 29 October 2021 Decision date: 29 October 2021 Before: Basten JA at [1]; Brereton JA at [36]; Stevenson J at [37] Decision: (1) Dismiss the summons filed 18 August 2021. (2) Order that the applicant pay the costs of the Director of Public Prosecutions. Catchwords: APPEAL AND REVIEW – Court of Appeal – supervisory jurisdiction – review of costs order made by District Court on appeal from Local Court – order in favour of successful appellant – review as to quantum – grounds – failure to take account of evidence/submissions – procedural unfairness in ordering costs motion to reopen PROCEDURE – order for costs – assessment of costs by court – only evidence proffered was a bundle of invoices – invoices included work on other proceedings – amounts held to be irrelevant or excessive – judge entitled to make own assessment Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 28, 70 Criminal Procedure Act 1986 (NSW), ss 212, 213, 214; Ch 4, Pt 2, Div 4 District Court Act 1973 (NSW), ss 8, 176; Pt 4 Cases Cited: Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Dempsey v Director of Public Prosecutions [2019] NSWCA 267 Hariz v NSW Director of Public Prosecutions [2020] NSWDC 394 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Minister for Immigration and Citizenship v SZGUR (2011) 241 CLR 594; [2011] HCA 1 MZAPC v Minister for Immigration (2021) 95 ALJR 441; [2021] HCA 17 Texts Cited: M Aronson, M Groves, G Weeks, Judicial Review of Administrative Action and Government Liability (6th ed, Lawbook Co, 2017) Category: Principal judgment Parties: Raed Hariz (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: Mr P D Lange (Applicant) Ms J Davidson (First Respondent) Submitting appearance (Third Respondent)