Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 598

New South Wales Supreme Court

CITATION : Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 598 HEARING DATE(S) : 27 June 2003 JUDGMENT DATE : 7 July 2003

JUDGMENT OF : Simpson J DECISION : Parties to put further relevant material before the court.

CATCHWORDS : costs LEGISLATION CITED : Supreme Court (Summary Jurisdiction) Act 1967 (NSW) Stock Medicines Act 1989 (NSW) CASES CITED : Director General NSW Deparmtent of Agriculture v Temmingh [2003] NSWSC 247, unreported, 15 April 2003 PARTIES : Director General NSW Department of Agriculture - Plaintiff Sven Arne Temmingh - Defendant FILE NUMBER(S) : SC 10470/02 COUNSEL : M O'Brien - Prosecutor SOLICITORS : IV Knight - Prosecutor P Ash - Defendant

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Monday 7 July 2003

10470/02 DIRECTOR GENERAL NSW DEPARTMENT OF AGRICULTURE v Sven Arne TEMMINGH

JUDGMENT (RE: COSTS) 1 HER HONOUR: The defendant was prosecuted, under the Supreme Court (Summary Jurisdiction) Act 1967 (the "Summary Jurisdiction Act"), in respect of two counts of contravening the Stock Medicines Act 1989. He entered a plea of guilty to each charge. 2 On 15 April 2003, having heard evidence and argument, I delivered judgment in which I announced the penalties I proposed to impose: Director General NSW Department of Agriculture v Temmingh [2003] NSWSC 247. I indicated that, on the prosecutor's application, I proposed to make an order that the defendant pay the costs of the prosecution. S14 of the Summary Jurisdiction Act provides as follows: "(1) Where a Judge: (a) convicts any person of an offence punishable in the summary jurisdiction of the Court; (b) makes an order dismissing the charge for any such offence; or (c) makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of any such offence, the Judge may, in and by the conviction or order, order the defendant, in the case of a conviction or order referred to in paragraph (a) or (c), to pay to the prosecutor, or, in the case of an order referred to in paragraph (b), order the prosecutor to pay to the defendant, such costs as to the Judge seem just and reasonable.