New South Wales Supreme Court CITATION : DPP v STUDMAN [2006] NSWSC 176 HEARING DATE(S) : 18 August 2005 JUDGMENT DATE : 24 March 2006 JUDGMENT OF : Hulme J at 1 DECISION : Mr Studman pay the costs of the Director of Public Prosecutions of and incidental to the Notice of Motion of 8 April 2005. PARTIES : Director of Public Prosecutions Michael Simon Studman FILE NUMBER(S) : SC 12262/04 COUNSEL : Crown: Mr T Muir Applicant: M Studman (in person) SOLICITORS : Crown: Commonwealth DPP Appilcant: M Studman (in person - 2 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION HULME J Friday, 24 March 2006 12262/04 DIRECTOR OF PUBLIC PROSECUTIONS v Michael Simon STUDMAN JUDGMENT 1 HULME J: On 18 August last I, for reasons I then gave I dismissed a Notice of Motion filed by the Defendant seeking, in effect, that moneys the subject of a restraining order under the Proceeds of Crime Act (C'th) be transferred to him. 2 At time of delivery of my decision and Reasons Mr Studman who appeared for himself asked for the opportunity to place before me submissions on the issue of costs. I gave him that opportunity and in due course written submissions from "Randlelawyers" were received on Mr Studman's behalf. 3 Those submissions drew attention to, inter alia, the discretion which exists when costs are under consideration, to the fact that due to lack of funds, Mr Studman had had to appear for himself and to the possibility that had Mr Studman had legal advice, his application might not have been pursued, certainly to the extent it was. 4 I have considered these and all other matters that seem to me to bear on the question but none of them provide adequate grounds for departing from the general rules not only that costs follow the event but the situation is a fortiori when it is the person who brings proceedings who is unsuccessful. 5 There was no improper conduct on behalf of the Respondent to the application which could form a basis for depriving it of costs. 6 Accordingly my order is that Mr Studman pay the costs of the Director of Public Prosecutions of and incidental to the Notice of Motion of 8 April 2005. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.