R (NSW Police) v Mainfreight Pty Ltd [2023] NSWDC 459

District Court New South Wales

Medium Neutral Citation: R (NSW Police) v Mainfreight Pty Ltd [2023] NSWDC 459 Hearing dates: 1 June and 24 August 2023 Date of orders: 31 October 2023 Decision date: 31 October 2023 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) Appeal allowed in part. (2) I vary the costs order made by the magistrate. (3) The appellant is to pay the respondent's costs of the proceedings in the Local Court in the sum of $47,391.38. (4) I confirm the other orders made by the magistrate relating to payment of the costs order. Catchwords: CRIME — Appeal and review — Appeal from Local Court to District Court Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Procedure Act 1986 (NSW) Heavy Vehicle National Law 2013 (NSW) Cases Cited: Adelaide City Corporation v Australasian Performing Right Association Ltd (1928) 40CLR 481 AG v Director of Public Prosecutions [2015] NSWCA 218 Fox v Percy (2003) 214 CLR 118 Gianoutsas v Glykis [2006] NSWCCA 137 Lumney v Director of Public Prosecutions [2021] NSWCA 186 McNab v Director of Public Prosecutions [2021] NSWCA 298 Category: Principal judgment Parties: NSW Police Service (Appellant) Mainfreight Pty Ltd (Respondent) Representation: Counsel: C Ireland (Respondent)

Solicitors: Makinson d'Apice (Appellant) Minter Ellison (Respondent) File Number(s): 2022/174191 Publication restriction: None Decision under appeal Court or tribunal: Wagga Wagga Jurisdiction: Local Court Date of Decision: 2 November 2022 Before: Magistrate Rabbidge