Commissioner of Police (NSW Police Force) v Adam [2022] NSWSC 789

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police (NSW Police Force) v Adam [2022] NSWSC 789 Hearing dates: 15 June 2022 Date of orders: 15 June 2022 Decision date: 15 June 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: (1) The appeal be allowed. (2) The order of Humphreys LCM made on 21 May 2021 that the prosecutor pay the first defendant's costs in the sum of $7,480 be set aside. (3) The application made by the first defendant on 21 May 2021 for his costs of the adjournment granted on that day be dismissed. (4) The first defendant repay to the Commissioner of Police the sum of $7,480 within 28 days. (5) There be no order as to the costs of the proceedings in this Court (6) The Further Amended Summons be otherwise dismissed. Catchwords: APPEAL – Crimes (Appeal and Review) Act – costs awarded against prosecutor following adjournment – lower court adopted wrong test – no question of principle Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 Supreme Court Act 1970 Cases Cited: Bimson, Roads and Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 Council of the City of Sydney v Trico Constructions Pty Ltd [2015] NSWLEC 56 Latoudis v Casey (1990) 170 CLR 534 R v PL [2009] NSWCCA 256 White v Director of Public Prosecutions [2021] NSWSC 1629 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Commissioner of Police (NSW Police Force) (Plaintiff) Zeyiad Adam (Defendant) Representation: Counsel: Mr N Regener (Plaintiff) Mr SJ Stanton (Defendant)