Saffron v Licensing Court of NSW & Anor [2004] NSWSC 570

New South Wales Supreme Court

CITATION : Saffron v Licensing Court of NSW & Anor [2004] NSWSC 570 HEARING DATE(S) : 7 & 9 June 2004 JUDGMENT DATE : 30 June 2004 JURISDICTION: Common Law JUDGMENT OF : Sperling J at 1 DECISION : (1) Proceedings remitted to the Licensing Court of New South Wales for determination of the question of the costs of the proceedings in that court; (2) The second defendant to pay the costs of the plaintiff in the proceedings in this court incurred after 25 March 2004.

CATCHWORDS : Costs - appeal from Licensing Court of NSW - whether to remit the question of the costs of the proceedings in that court to that court for decision Liquor Act 1982, s16, s146, s148 LEGISLATION CITED : Supreme Court Act 1970, s76 Supreme Court Rules 1970, Pt52A r11 Cowley v Smith, Poulos v Smith [2003] NSWSC 1251 CASES CITED : Emery v Binnie (NSWSC, 4 August 1995, unreported) Hindmarsh v Allogia [1977] 2 NSWLR 599 Wallace v Bourke (NSWSC, 5 June 1992, unreported) Abraham Gilbert Saffron PARTIES : Licensing Court of New South Wales The Commissioner of Police FILE NUMBER(S) : SC 10208/03 Mr R Jankowski for the Plaintiff COUNSEL : No appearance for the First Defendant Mr T Lynch for the Second Defendant Back Schwartz Vaughan Solicitors & Attorneys for the Plaintiff SOLICITORS : No appearance for the First Defendant Crown Solicitor for the Second Defendant

LOWER COURT Licensing Court of NSW JURISDICTION : LOWER COURT 177730/00 FILE NUMBER(S) : LOWER COURT Collins Lic M / Full Bench JUDICIAL OFFICER :