Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348

Supreme Court New South Wales

Medium Neutral Citation: Stanizzo v The Secretary of the Department of Justice of New South Wales [2016] NSWSC 348 Hearing dates: 11 March 2015 Date of orders: 31 March 2016 Decision date: 31 March 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) A declaration that the decision made by the first defendant and communicated to the plaintiff by letter dated 4 June 2014 deferring consideration of the remainder of the application for costs under the Costs in Criminal Cases Act 1967 on the basis of ascertaining an amount that "may be received" is wrong in law.

(2) An order in the nature of certiorari quashing the decision described in order (1) herein;

(3) An order in nature of mandamus directing that the first defendant consider the remainder of the plaintiff's application according to law;

(4) The defendant shall pay the plaintiff's costs of and incidental to these proceedings, as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – JUDICIAL REVIEW – decision of Secretary under Costs in Criminal Proceedings Act 1967 – deferral under s 4(5) thereof to see what claimant "may receive" – no relevant criteria for deferral – decision quashed. Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Berry v British Transport Commission [1962] QB 306 Cinema Plus Ltd (Administrators Appointed) & ANZ Banking Group Limited [2000] NSWCA 195; (2000) 49 NSWLR 513 Finance Facilities Pty Ltd v Federal Commissioner of Taxation [1971] HCA 12; (1971) 127 CLR 106 Project Blue Sky v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 R v Armstrong [1972] 1 NSWLR 559 R v Turner [1980] 1 NSWLR 19 Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCCA 8; (1999) 46 NSWLR 55; QBE Insurance (Australia) Ltd v Miller [2013] NSWCA 442; Einfield City Corp v Development Assessment Commission [2000] HCA 5; (2000) 199 CLR 135 Category: Principal judgment Parties: Vincent Stanizzo (Plaintiff) The Secretary of the Department of Justice of New South Wales (First Defendant) The Attorney General for the State of New South Wales (Second Defendant) Representation: Counsel: M A Robinson & M K Rollinson (Plaintiff) Dr C Mantziaris (Second Defendant)