Police v Bremner [2022] NSWLC 1

Local Court New South Wales

Medium Neutral Citation: Police v Bremner [2022] NSWLC 1 Hearing dates: 24 February, 29 November & 10 December 2021 Date of orders: 24 June 2022 Decision date: 24 June 2022 Jurisdiction: Criminal Before: Shields LCM Decision: Application for costs granted and costs awarded Catchwords: Costs Legislation Cited: Criminal Procedure Act 1986 (NSW), ss 213, 214 Legal Profession Uniform Law (NSW), ss 172(1) & (2) Cases Cited: Cachia v Hanes (1994) 179 CLR 403 Fosse v DPP [1999] NSWSC 367 Halpin v Department of Gaming and Racing [2007] NSWSC 815 JD v DPP [2000] NSWSC 1092 Latoudis v Casey (1990) 170 CLR 534 Majinski v The State of Western Australia [2013] WASCA 10 Morgan v Director of Public Prosecutions [2020] NSWSC 1605 Nguyen v Oberoi Hotels Pty Ltd [2007] VSC 196 Norton v Senior Constable Morphett & Anor (1995) 83 A Crim R 90 Category: Costs Parties: Richard Bremner (Applicant) New South Wales Police (Respondent) Representation: Counsel: Mr C Steirn SC (Applicant) Ms Harris, Prosecution Command, New South Wales Police (Respondent)

Solicitors: Michael Conley (Applicant) File Number(s): 2020/00195339 2020/00179835 Publication restriction: NIL

Judgment 1. On 24 February 2021 the substantive charges against Mr Bremner ('the Applicant') and an associated application for a final apprehended domestic violence order were listed before me at the Burwood Local Court for hearing. The hearing proceeded on a second day on 29 November 2021 and concluded when the charges and the associated application against the Applicant were dismissed. 2. Senior Counsel for the Applicant, Mr Steirn SC, then made an application for costs under s 213 of the Criminal Procedure Act 1986 (NSW) ('the Application'). 3. I was not able to deal with the Application on the day of the hearing because of the lateness of the hour and because s 213 (5) of the Act states that the order must specify the amount of professional costs payable, and the Applicant was not in a position, on that day, to quantify or particularise the costs sought by the application. For those reasons I made directions for the service of materials quantifying the costs, and for the exchange of written submissions concerning the application, which was adjourned to 10 December 2021 for hearing. 4. The Solicitor for the Applicant served a folder of documents quantifying the costs in respect of which an order was sought; Exhibit 1. The costs total $99,627.77 and include the following professional costs: (1) Doolan Wagner, Family Lawyers $27,138.42 (2) Michael Conley, Lawyers $11,744.80 (3) Mr. C. Steirn SC $52,030.00 (4) Mr. P.A. Rowe, Barrister $9,075.00