AB v Constable Joshua Hedges & Anor [2013] NSWSC 814

Supreme Court New South Wales

Medium Neutral Citation: AB v Constable Joshua Hedges & Anor [2013] NSWSC 814 Hearing dates: Thursday 23 August 2012 Decision date: 21 June 2013 Jurisdiction: Common Law Before: Hidden J Decision: Application for judicial review dismissed Catchwords: COSTS - summary criminal proceedings - costs order against prosecutor purportedly by consent - whether order validly set aside by magistrate - whether consent order for costs against public prosecutor appropriate Legislation Cited: - Crimes Act 1900 - Criminal Procedure Act 1986 - Civil Procedure Act 2005 Cases Cited: - V (a child) v Constable Joshua Hedges [2011] NSWSC 232 - Spies v Commonwealth Bank of Australia (1991) 24 NSWLR 691 - Cameron v Cole (1943) 68 CLR 571 - Taylor v Taylor (1978 - 79) 143 CLR 1 - Harvey v Philips (1956) 95 CLR 235 - Grassby v The Queen (1989) 168 CLR 1 Category: Costs Parties: AB (plaintiff) Constable Joshua Hedges (1st defendant) Magistrate Albert Sbrizzi (2nd defendant) Representation: Counsel: Mr B Coles QC & P Conway (plaintiff) M Hutchings (1st defendant) Submitting appearance (2nd defendant) Solicitors: Mr Emanueli Oliveri, Oliveri Lawyers (plaintiff) Phillip Salem, Sparke Helmore Lawyers (1st defendant) IV Knight, Crown Solicitor (2nd defendant) File Number(s): 2012/76236 Publication restriction: Yes