Killick v The Commissioner of Police New South Wales (No 2) [2014] NSWSC 1050

Supreme Court New South Wales

Medium Neutral Citation: Killick v The Commissioner of Police New South Wales (No 2) [2014] NSWSC 1050 Hearing dates: On the papers Decision date: 05 August 2014 Before: Simpson J Decision: Application dismissed. Catchwords: COSTS - s 86(1) Service and Execution of Process Act 1992 (Cth) - review of decision of magistrate that warrant issued pursuant to s 189 Corrective Services Act 1988 (Qld) was valid - warrant directed the apprehension of the applicant and conveyance to Queensland prison - warrant valid - respondent sought costs - whether review ought to be categorised as criminal or civil (administrative) - s 98 Civil Procedure Act 2005 (NSW) - the whole of the proceedings relating to execution of the extradition warrant can properly be characterised as a "criminal proceeding" as defined in s 3(c) of the Service and Execution of Process Act 1992 - no presumption that costs follow the event - no statutory authority for award of costs in a criminal related proceeding - discretion conferred in relation to award of costs in civil proceedings to be exercised in favour of applicant - each party to pay own costs - application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Corrective Services Act 1988 (Qld) Costs in Criminal Cases Act 1967 (NSW) Criminal Procedure Act 1986 (NSW) Service and Execution of Process Act 1992 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Butler v Commissioner of Police (NSWSC, Hidden J, 24 November 1997, unreported) Cooper v Nicholson [2000] VSC 8 D'Adamo v Marchesi [2007] WASC 282; 215 FLR 187 Killick v The Commissioner of Police New South Wales [2014] NSWSC 781 O'Sullivan v Verebes (1996) 135 FLR 94 Rose v Chief Commissioner of Police [2000] VSC 281 Category: Costs Parties: John Reginald Killick (Applicant) The Commissioner of Police New South Wales (Respondent) Representation: Counsel: J Crowley (Applicant) S Callan (Respondent) Solicitors: Searle & Associates Lawyers (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): 2014/131829