McFadyen v Director of Public Prosecutions (NSW) [2018] NSWDC 68

District Court New South Wales

Medium Neutral Citation: McFadyen v Director of Public Prosecutions (NSW) [2018] NSWDC 68 Hearing dates: 5 February 2018 and 16 March 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: The application for costs is refused. Catchwords: COSTS – Party/Party – Criminal Cases – Costs in Proceedings for Indictable Offences – Limit on Costs Awarded against Public Prosecutor – Investigation conducted in an Unreasonable or Improper Manner – Proceedings initiated without Reasonable Cause or in Bad Faith or Conducted by the Prosecutor in an Improper Manner – Prosecutor Unreasonably failed to Investigate or to Investigate Properly any Relevant Matter – other Exceptional Circumstances making it Just and Reasonable to Award Costs – Costs Application Refused Legislation Cited: Costs in Criminal Cases Act 1967 s 2 Crimes (Appeal and Review) Act 2001 ss 20(1)(a), 70 Crimes Act 1900 s 61 Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 29.7 Cases Cited: Attorney-General's Reference (No 1 of 1983) [1983] 2 VR 410 Cliftleigh Haulage Pty Ltd v Byron Shire Council [2007] NSWCCA 13 Dao v R [2011] NSWCCA 63 De Varda v Constable Stengord (NSW Police) [2011] NSWSC 868 Environmental Protection Agency v Bulga Coal Management Pty Ltd (No 2) [2014] NSWLEC 70 Halpin v Department of Gaming and Racing [2007] NSWSC 815 JD v DPP (NSW) & Ors [2000] NSWSC 1092 Kanan v Australian Postal and Telecommunications Union [1992] FCA 359 R v Apostilides [1984] HCA 38 R v Byrnes and Hopwood (1995) 183 CLR 501; [1995] HCA 1 R v Katarzynski [2002] NSWSC 613 R v Kneebone [1999] NSWCCA 279 R v Lee (2002) 54 NSWLR 474; [2002] NSWCCA 186 R v R [1989] 18 NSWLR 74 RB v DPP (NSW) [2015] NSWSC 248 Category: Costs Parties: Crown (Respondent) McFadyen (Applicant) Representation: Counsel: Mr Harper (Solicitor) (Respondent) Mr Lawrence (Applicant)