R v Alex [2023] NSWSC 1570

Supreme Court New South Wales

Medium Neutral Citation: R v Alex [2023] NSWSC 1570 Hearing dates: 13 December 2023 Date of orders: 14 December 2023 Decision date: 14 December 2023 Jurisdiction: Common Law Before: Fagan J Decision: George Alex's notice of motion filed 4 December 2023 is dismissed. Catchwords: CRIMINAL PROCEDURE – costs – costs thrown away – where commencement of trial vacated at fault of Crown – where privately funded accused sought orders temporarily staying trial pending payment of counsels' cancellation fees – where counsel had six weeks' notice of trial being vacated and significant pre-trial work to occupy the notice period – whether proceeding to trial without payment of cancellation fees would cause serious unfairness to accused Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Lee v Attorney-General for NSW [2017] NSWCCA 27 Petroulias v R [2007] NSWCCA 154 R v Alex [2023] NSWSC 180 R v Curtis [2014] NSWSC 1582 R v Fisher [2003] NSWCCA 41 R v Michael John Issakidis [2015] NSWCCA 834 R v Mosely (1992) 28 NSWLR 735 R v Selim [2007] NSWSC 154 Commissioner of Australian Federal Police v Razzi (1991) 101 ALR 426 Wilkie v Gordian Runoff [2005] NSWSC 873 R v Carbone (No 2) [2017] NSWSC 346 The Queen v Martinello [2005] ACTSC 109 Category: Procedural rulings Parties: Rex George Alex Representation: Counsel: C O'Donnell SC with B Anniwell and H Mann - Crown J Agius SC with E Belijic - Accused George Alex