Director of Public Prosecutions (Cth) v Ngo [2012] NSWSC 1521

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (Cth) v Ngo [2012] NSWSC 1521 Hearing dates: 31 August 2012 Decision date: 10 December 2012 Jurisdiction: Common Law Before: Button J Decision: (1) Appeal upheld. (2) The order for costs made by the Magistrate in the Local Court against the plaintiff and in favour of the defendant is quashed. Catchwords: CRIMINAL LAW - procedure - costs - interpretation of Criminal Code Act 1995 (Cth) - whether Chen v Director of Public Prosecutions (Cth) [2011] NSWCCA 205 applies to s 400.9 offences - arguable point of law - proceedings not initiated without reasonable cause Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 Cases Cited: Chen v Director of Public Prosecutions (Cth) [2011] NSWCCA 205 Director of Public Prosecutions (NSW) v Elskaf [2012] NSWSC 21 Kanan v Australian Postal and Telecommunications Union [1992] FCA 539; (1992) 43 IR 257 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Nimmo, Re Application for an Inquiry relating to an Election for an Office in the Australian Education Union (NT Branch) (No 2) [2011] FCA 728 R v Buckett (1994) 132 ALR 669 R v Zotti [2002] SASC 164; (2002) 82 SASR 554 Category: Principal judgment Parties: Director of Public Prosecutions (Cth) (plaintiff) Xuan Dong Ngo (defendant) Representation: Counsel: I Bourke (plaintiff) Submitting appearance (defendant) Solicitors: Solicitor for Commonwealth Director of Public Prosecutions (plaintiff) File Number(s): 2011/398224 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-11-16 00:00:00 Before: O'Shane LCM File Number(s): 11/81383