Stanizzo v Complainant [2013] NSWCCA 295

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Stanizzo v Complainant [2013] NSWCCA 295 Hearing dates: 14 November 2013 Decision date: 26 November 2013 Before: Macfarlan JA at [1] Latham J at [2] R A Hulme J at [3] Decision: 1. Extension of time to file notice of application for leave to appeal granted. 2. Leave to appeal granted. 3. The order for costs made in the District Court on 24 January 2013 is quashed. Catchwords: CRIMINAL LAW - inferior courts - District Court - jurisdiction - costs - power to award - criminal proceedings - subpoena issued by accused in criminal proceedings - failure of accused to attend hearing of motion to set aside subpoena - award of costs to respondent because preparation thrown away - nature of implied jurisdiction - power only where expressly conferred or necessarily implied - no express conferral of power to make costs in circumstances - consideration of common law prohibition against costs in criminal cases - no necessary conferral - order in excess of jurisdiction - order quashed Legislation Cited: Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) District Court Act 1973 (NSW) Cases Cited: Darcy v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 DPP v Deeks (1994) 34 NSWLR 523 John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 R v Mosely (1992) 28 NSWLR 735 Category: Principal judgment Parties: Vincent Francis Stanizzo (Applicant) Complainant (First respondent) Representation: Counsel: Mr C Waterstreet (Applicant) Mr D Eardley (First respondent) Solicitors: Justice Lawyers Downey's Lawyers File Number(s): 2010/367199 Decision under appeal Jurisdiction: 9101 Date of Decision: 2013-01-24 00:00:00 Before: Solomon DCJ File Number(s): 2010/367199