NSW Caselaw
New South Wales Supreme Court
CITATION : Ian Campbell & 4 Ors v Director of Public Prosecutions (NSW) [2009] NSWSC 973
HEARING DATE(S) : 16 December 2008
JUDGMENT DATE : 22 September 2009
JUDGMENT OF : Hidden J
DECISION : The defendant to pay the first, second, fourth and fifth plaintiff's costs of the appeal and in the court below on a party - party basis as agreed or assessed.
CATCHWORDS : CRIMINAL LAW - appeal and review - costs - successful appeal against convictions - failure of police to observe LEPRA requirement relating to Aboriginal persons - whether investigation conducted in improper manner
Crimes (Appeal and Review) Act 2001 - s 70(1)(a) LEGISLATION CITED : Justices Act 1902 (repealed) Law Enforcement (Powers and Responsibilities) Regulation 2005 - cl 33
CATEGORY : Consequential orders
Campbell & Ors v Director of Public Prosecutions (NSW) [2008] NSWSC 1284 JD v DPP [2000] NSWSC 1092 Halpin v Department of Gaming and Racing [2007] NSWSC 815 CASES CITED : Wollongong City Council v Ensile Pty Ltd (No. 9) [2008] NSWLEC 248 Eslarn Holdings Pty Ltd v Tumut Shire Council (No. 3) [1999] NSWLEC 163 Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCCA 13 The Queen v Byrnes and Hopwood (1995) 183 CLR 501
Ian Campbell (1st Plaintiff) Garry Campbell (2nd Plaintiff) PARTIES : Vivian Campbell (3rd Plaintiff) Brett Rotumah (4th Plaintiff) Steven Rotumah (5th Plaintiff) Director of Public Prosecutions (NSW) (Defendant)
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