Police v Horsfield; Police v Dowd [2013] NSWLC 17

Local Court New South Wales

Medium Neutral Citation: Police v Horsfield; Police v Dowd [2013] NSWLC 17 Hearing dates: 9/9/2013, 13/9/2013 Decision date: 10 October 2013 Jurisdiction: Criminal Before: Buscombe LCM Decision: Costs awarded in favour of the accused persons Catchwords: COSTS - criminal proceedings - where successful accused persons represented by Legal Aid Commission and Aboriginal Legal Service - nature of retainer between solicitor and accused person - whether award of costs available - court to assume existence of retainer and that solicitor may look to accused person for payment of their costs - evidence to the contrary required to challenge that assumption - onus of proof lies upon party who seeks to challenge nature of retainer Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Justices Act 1902 Legal Aid Commission Act 1979 Cases Cited: Bolton v Stange [2001] WASCA 34 Hawksford v Hawksford [2005] NSWSC 463 Hudgson v Endrust (Australia) Pty Ltd (1986) 11 FCR 152 Latoudis v Casey (1990) 170 CLR 534 Lenthall v Hillson [1933] SASR 31 Police v Turley (Local Court, unreported, 25 July 2013) Wentworth v Rogers (2006) 66 NSWLR 474 Category: Costs Parties: Police Tyron Horsfield Nathan Dowd Representation: Mr S Boland for Mr Horsfield Mr B Pierce for Mr Dowd File Number(s): 2012/317795, 2012/317802