Baglin v JG [2014] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Baglin v JG [2014] NSWSC 902 Hearing dates: 29/05/2014 Decision date: 09 July 2014 Before: Fullerton J Decision: Summons dismissed Catchwords: COSTS - application to set aside costs order made by magistrate - whether magistrate had jurisdiction to make an order for costs pursuant to s 69 of the Local Court Act following a "no jurisdiction" finding - meaning of "application proceedings" - implied power of the Local Court to award costs in application proceedings Legislation Cited: Civil Liability Act 2002 (NSW) Crimes (Forensic Procedures) Act 2000 (NSW), Pt 5 Criminal Procedure Act 1986 (NSW) Legal Profession Act 2004 (NSW) Local Court Act 2007 (NSW), Pt 4 Supreme Court Act 1970 (NSW), ss 69, 75 Cases Cited: Grassby v The Queen [1989] HCA 45; 168 CLR 1 Pelechowski v Registrar, Court of Appeal [1999] HCA 19; 198 CLR 435 Stanizzo v Complainant [2013] NSWCCA 295 Category: Principal judgment Parties: Senior Constable Paul Baglin (Plaintiff) JG (1st Defendant) Local Court of NSW (2nd Defendant) Representation: Counsel: B Baker (Plaintiff) Submitting appearances (1st and 2nd Defendants) Solicitors: Crown Solicitor's Office (Plaintiff) Matouk Joyner Lawyers (1st Defendant) Crown Solicitor's Office (2nd Defendant) File Number(s): 2014/78464 Decision under appeal Jurisdiction: 9109 Date of Decision: 2013-12-17 00:00:00 Before: Buscombe LCM