HALPIN v DEPARTMENT OF GAMING AND RACING [2007] NSWSC 815

New South Wales Supreme Court

CITATION : HALPIN v DEPARTMENT OF GAMING AND RACING [2007] NSWSC 815 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Thursday 13 July 2006

JUDGMENT DATE : 16 October 2007

JURISDICTION : Common Law

JUDGMENT OF : Hall J at 1

DECISION : The conviction entered by the Licensing Court on 6 October 2005 against the plaintiff be set aside; The order made by the Licensing Court against the plaintiff for costs in the amount of $12,000 be set aside; The plaintiff's application for costs of the proceedings in the Licensing Court and in this Court is dismissed

CATCHWORDS : COSTS – Abatement of appeal proceedings – Appellant died after judgment but prior to pronouncement of final orders – Principles regarding effect of death of a party to incomplete proceedings – Judgment effect was that deceased's conviction had to be set aside – Rights of parties determined and merged in judgement – No basis in circumstances of case to prevent court from giving effect to its judgment given before death by making consequential orders – Nature of proceedings – whether criminal or civil – whether necessary for another party to be substituted in place of deceased party – STATUTORY INTERPRETATION – Principles in relation to power and limitation on costs order against a public prosecutor – s.70 Crimes (Appeal and Review) Act 2001 – whether investigation into the alleged offence was conducted in an unreasonable or improper manner – whether proceedings in Local Court were initiated without reasonable cause or in bad faith, or were conducted by the prosecutor in an improper manner – whether prosecutor unreasonably failed to investigate (or to investigate properly) any relevant matter – whether because of other exceptional circumstances relating to the conduct of proceedings by the prosecutor, it is just and reasonable to award costs