NSW Caselaw
Industrial Court of New South Wales
CITATION: Inspector James v Ryan (No 2) [2010] NSWIRComm 63
PARTIES: Inspector Wayne James (Prosecutor) Justin James Ryan (Defendant)
FILE NUMBER(S): IRC 1014 of 2008
CORAM: Marks J
CATCHWORDS: COSTS - occupational health and safety proceedings - director defendant found not guilty in substantive proceedings - cost orders in criminal proceedings - discretion to award costs - onus of proof - conduct of defendant - manner in which defendant disclosed defence - litigation funding and third party indemnity - cost orders made
LEGISLATION CITED: Criminal Procedure Act 1986 (NSW) - s 257C Occupational Health and Safety Act 2000 - s 26
Campbells Cash and Carry Pty Ltd v Fostif Pty Ltd (2006) 229 CLR 386 Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Limited [2008] NSWCA 148 CASES CITED: Inspector James v Ryan [2009] NSWIRComm 215 Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534
HEARING DATES: 11 May 2010 14 & 26 May 2010 (written submissions)
DATE OF JUDGMENT: 28 May 2010
Mr M Joseph SC with Mr D Chin of counsel (Prosecutor) Solicitors WorkCover Authority of New South Wales LEGAL REPRESENTATIVES: Mr L Robberds QC with Mr R Crow of counsel (Defendant) Solicitors Bilbie Dan Solicitors
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
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