El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 3) [2015] NSWSC 1283

Supreme Court New South Wales

Medium Neutral Citation: El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 3) [2015] NSWSC 1283 Hearing dates: Written submissions Date of orders: 11 September 2015 Decision date: 11 September 2015 Jurisdiction: Common Law Before: Bellew J Decision: 1. In proceedings 2015/11558, the plaintiff is to pay the costs of the first defendant as agreed or assessed. 2. In proceedings 2015/188030, the plaintiff is to pay the costs of the first defendant as agreed or assessed. Catchwords: COSTS – Where plaintiff sought to challenge the right of the Commonwealth Director of Public Prosecutions to prosecute offences against State legislation – Where determination made that the plaintiff was not entitled to the statutory relief sought – Where plaintiff then commenced separate proceedings seeking declaratory relief – Where declaratory relief refused – Where plaintiff then sought a stay of proceedings in the Court of Appeal – Where application for stay refused – Whether the costs should follow the event – Whether discretion should be exercised against an award of costs on the basis that the proceedings formed part of the criminal process – Where there were factors supporting the making of costs orders – Orders made requiring the plaintiff to pay the first defendant's costs in both proceedings Legislation Cited: Criminal Appeal Act 1912 Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Director of Public Prosecutions Act 1983 (Cth) Supreme Court Act 1970 Cases Cited: El-Ali v Commonwealth Director of Public Prosecutions [2015] NSWCA 255 El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW [2015] NSWSC 671 El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 R v Dexter [2002] QCA 540; (2002) 136 A Crim R 276 R v Madden (1995) 85 A Crim R 367 Robinson v Woolworths Limited [2005] NSWCCA 426; (2005) 64 NSWLR 612 Category: Costs Parties: Khoder El-Ali – Plaintiff Representation: Counsel: Mr P Lange - Plaintiff Mr P Neil SC – First Defendant Submitting appearance – Second Defendant