Director of Public Prosecutions (NSW) v Hughes (No.2) [2017] NSWSC 773

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Hughes (No.2) [2017] NSWSC 773 Hearing dates: Written submissions Date of orders: 15 June 2017 Decision date: 15 June 2017 Jurisdiction: Common Law Before: Bellew J Decision: (1) The defendant is to pay the plaintiff's costs as agreed or assessed. (2) Payment of the costs pursuant to order 1 is to be made within 28 days of the parties reaching an agreement as to the amount, or otherwise having notification of an assessment. (3) The defendant is granted a certificate pursuant to s. 6(1)(a) of the Suitors' Fund Act 1951 (NSW) if so qualified. Catchwords: PRACTICE AND PROCEDURE – Appeal – Costs – Where proceedings brought against the defendant in the Local Court were dismissed by Magistrate – Where an appeal was brought against the Magistrate's determination – Where it was concluded that the Magistrate had erred – Whether costs should follow the event – Relevance of the fact that the error on the part of the Magistrate was not the fault of the defendant or his representatives Legislation Cited: Crimes Act 1900 (NSW) Suitors' Fund Act 1951 (NSW) Cases Cited: Director of Public Prosecutions (NSW) v Hughes [2017] NSWSC 492 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) – Plaintiff Keith Allan Hughes – Defendant Representation: Counsel: J Davidson – Plaintiff S Boland – Defendant

Solicitors: C Hyland, Solicitor for Public Prosecutions (NSW) - Plaintiff Bridge St. Lawyers - Defendant File Number(s): 2016/319956 Publication restriction: Nil Decision under appeal Court or tribunal: Tamworth Local Court Jurisdiction: Criminal Date of Decision: 26 May 2016 Before: Magistrate Prowse