NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: SASTERAWAN v MORRIS (NO. 2) [2007] NSWCCA 341
HEARING DATE(S): On written submissions
JUDGMENT DATE: 11 December 2007
JUDGMENT OF: Basten JA at 1; Grove J at 12; Hidden J at 13
The following order is made in addition to the orders made on 28 June 2007: DECISION: (3) Order the Appellant to pay the Respondent's costs of the proceedings in this Court.
COSTS – power to award on stated case – matter of public interest – uncertainty as to legal authority to prosecute CATCHWORDS: CRIMINAL APPEAL – stated case under Criminal Appeal Act 1912, s 5B
LEGISLATION CITED: Criminal Appeal Act 1912 (NSW), s 5B Criminal Procedure Act 1986 (NSW), ss 3, 14, 173, 174, Schedule 1, Pt 1.11 [1], [12], [13]
Clyne v Wrigley [1980] 1 NSWLR 599 CASES CITED: Latoudis v Casey (1990) 170 CLR 534 Robinson v Woolworths Ltd (2005) 227 ALR 353; 158 A Crim R 546 Sasterawan v Morris [2007] NSWCCA 185
PARTIES: Wahyu Sasterawan - Appellant Judith Morris - Respondent
FILE NUMBER(S): CCA 2007/707
COUNSEL: R. Killalea – Appellant P O'Donnell - Respondent
SOLICITORS: B. Bian, City Law Firm Pty Ltd – Appellant Smyth Wozniak - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/22/0149
LOWER COURT JUDICIAL OFFICER: Nicholson DCJ
IN THE COURT OF CRIMINAL APPEAL CCA 2007/707 DC 05/22/0149
BASTEN JA GROVE J HIDDEN J
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