Commonwealth Director of Public Prosecutions v Zhang Xian [2011] NSWLC 4

Local Court New South Wales

Medium Neutral Citation: Commonwealth Director of Public Prosecutions v Zhang Xian [2011] NSWLC 4 Hearing dates: 11 March 2011 Decision date: 22 March 2011 Jurisdiction: Criminal Before: Magistrate Tsavdaridis Decision: 1. The Crown is to pay the Accused's costs. 2. The Accused is to file and serve written submissions on the quantum of costs on or before 29 March 2011. 3. The Crown is to file and serve written submissions in reply on the quantum of costs on or before 5 April 2011. 4. Liberty to restore the matter to the list on seven days' notice. 5. The matter is adjourned to 9.30 a.m. on 27 April 2011 for a decision as to quantum. Catchwords: Costs - Withdrawal of charges - Criminal Procedure Act 1986 (NSW) - whether proceedings instituted without reasonable cause - Whether no substantial prospects of success Legislation Cited: Criminal Code Act 1995 (Cth), ss 5.4, 130.1, 130.3, 133.1, 134.2(1) Criminal Procedure Act 1986 (NSW), ss 116, 117, 208 Judiciary Act 1903 (Cth), s 79 Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Nestle Australia Limited (2005) 146 IR 379 Bostik (Australia) Pty Limited v Gorgevski (No 2) (1992) 36 FCR 439 Canceri v Taylor (1994) 123 ALR 667 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relation Commission (2006) 156 FCR 275; [2006] FCAFC 199 Fosse v DPP [1999] NSWSC 367 Grassby v R (1989) 168 CLR 1 Halpin v Department of Gaming and Racing [2007] NSWSC 81 Kanan v Australia Postal and Telecommunications Union (1992) 43 IR 257 Moss v Brown (1979) 1 NSWLR 114 Nilsen v Loyal Orange Trust (1997) 67 IR 180 R v Manley [2000] NSWCCA 196 Regina v Moore; ex parte Federated Miscellaneous Workers' Union of Australia [1978] HCA 51; (1978) 40 CLR 470 Spotless Services Australia Limited v Marsh SDP [2004] FCAFC 155 Category: Costs Parties: Commonwealth Director of Public Prosecutions (Prosecuting Authority)