Castlebar Holding v Riley [2005] NSWCCA 105

Reported Decision : 138 LGERA 338

New South Wales Court of Criminal Appeal

Castlebar Holding v Riley [2005] NSWCCA 105 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 11 March 2005

JUDGMENT DATE: 6 April 2005

JUDGMENT OF: Spigelman CJ at 1; Grove J at 2; Bell J at 44

DECISION: QUESTION IN CASE STATED ANSWERED IN THE NEGATIVE; APPELLANT TO PAY RESPONDENT'S COSTS OF CASE STATED.

CATCHWORDS: CASE STATED - APPEAL TO DISTRICT COURT FROM LOCAL COURT - PROSECUTION FOR OFFENCE PURSUANT TO NOXIOUS WEEDS ACT 1993 - INFORMATION LAID BY EMPLOYEE OF SHIRE COUNCIL - FINDING THAT OFFENCE PROVED AND ORDER FOR PAYMENT OF COSTS IN LOCAL COURT SET ASIDE - REFUSAL OF COSTS IN FAVOUR OF SUCCESSFUL APPELLANT IN DISTRICT COURT - RESTRICTION ON AVAILABILITY OF COSTS BY s 70 OF CRIMES (LOCAL COURTS APPEAL AND REVIEW) ACT 2001 - WHETHER EMPLOYEE OF SHIRE COUNCIL ACTING IN PRIVATE CAPACITY WHEN INSTITUTING PROCEEDINGS - "APPELLANT WHOSE CONVICTION IS SET ASIDE" INCLUDES APPELLANT WHOSE SENTENCE WITHIN EXTENDED DEFINITION IN THAT ACT IS SET ASIDE - DISCUSSION OF ADEQUACY OF FORMULATION OF QUESTIONS OF LAW IN CASE STATED

Constitution (Local Government) Amendment Act 1986 s5B Criminal Appeal Act 1912 s70 Crimes (Local Courts Appeal and Review) Act 2001 LEGISLATION CITED: s10(1)(a) Crimes (Sentencing Procedure) Act 1999 s68(4)(b) Local Government Act 1993 Noxious Weeds Act 1993 Solicitors Act 1932 (Imp)

Beeston and Stapleford UDC v Smith 1949 1 KB 656 Burgess v Boetefur 1844 7 Man & G 481 Clyne v Wrigley 1980 1 NSWLR 599 Collector of Customs v Agfa-Gevaert Ltd 1996 186 CLR 389 King v Tait 1952 52 SR (NSW) 137 Latoudis v Casey 1990 97 ALR 45 Marks v Beyfus 1890 XXV QBD 494 CASES CITED: Maxwell v The Queen 1995 184 CLR 501 McConnell Dowell Constructions (Australia) Pty Ltd v EPA [2000] NSWCCA 367 R v Holton [2004] NSWCCA 214 R v Lazarevic 1966 85 WN Pt 1 (NSW) 159 R v Madden 1995 85 A Crim R 367 R v Van De Lubbe 1949 49 SR (NSW) 309 Ward v Williams 1955 92 CLR 446