NSW Caselaw
New South Wales Supreme Court
CITATION : Healey v Commissioner of Taxation [2006] NSWSC 1148
HEARING DATE(S) : In written submissions only.
JUDGMENT DATE : 2 November 2006
JURISDICTION : Supreme Court
JUDGMENT OF : Rothman J at 1
DECISION : Each party to pay his or its own costs of and incidental to the proceedings, including the costs associated with dispute on costs. ; Otherwise, proceedings dismissed.
CATCHWORDS : CRIMINAL LAW - COSTS OF APPEAL - appellant successful on grounds not directly raised - Magistrate excluded a relevant matter from exercise of discretion - error in law - challenge to jurisdiction of the Court to award costs against Commonwealth - Local Court matter not yet reached final determination - costs on appeal distinguished from costs on trial - costs need not necessarily follow the event - each party to pay own costs
Judiciary Act 1903 (Cth) Costs in Criminal Cases Act 1967 (NSW) LEGISLATION CITED : Crimes (Local Courts Appeal and Review) Act 2001 (NSW) Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Crimes Act 1914 (Cth)
Healey v Commissioner of Taxation [2006] NSWSC 853 CASES CITED : Solomons v District Court of NSW (2002) 211 CLR 119 Whitehouse Properties Pty Ltd v Bond Brewing (NSW) Ltd (1992) 28 NSWLR 17 Wickstead v Browne (1992) 30 NSWLR 1
PARTIES : Gregory Harrison Healey Commissioner of Taxation
FILE NUMBER(S) : SC 12764/06
SOLICITORS : A: Ms Joanna Brouwer R: Mr T Saunders (CDPP)
LOWER COURT JURISDICTION : Local Court
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