Hongzhi Sun v Grant Barnes, Department of Industry (No 2) [2018] NSWLEC 203

Land and Environment Court New South Wales

Medium Neutral Citation: Hongzhi Sun v Grant Barnes, Department of Industry (No 2) [2018] NSWLEC 203 Hearing dates: 19 November 2018 Date of orders: 19 November 2018 Decision date: 19 November 2018 Jurisdiction: Class 6 Before: Moore J Decision: At [3] Catchwords: COSTS – correct form of order required by statute – earlier costs order corrected Legislation Cited: Crimes Appeal and Review Act 2001, s 72 Cases Cited: Mouawad v The Hills Shire Council (No 2) [2013] NSWLEC 172 Category: Costs Parties: Hongzhi Sun (Appellant) Grant Barnes, Department of Industry (Respondent) Representation: Counsel: Appellant in person Ms J Single, barrister (Respondent)

Solicitors: Crown Solicitor's Office (Respondent) File Number(s): 161447, 161448, 161449 and 161450 of 2018 Publication restriction: No

EXTEMPORE JUDGMENT 1. HIS HONOUR: The matter returns to me today because of the requirement of s 72 of the Crimes Appeal and Review Act 2001 (the Crimes Appeal Act) that when I order Mr Sun to pay the Department's costs I must state a time within which the costs are to be paid. 2. Consistent with the discussion by Pepper J in Mouawad v The Hills Shire Council (No 2) [2013] NSWLEC 172, I am satisfied that it is appropriate to vary the order that I made when I dealt with Mr Sun's appeal by which I ordered him to pay the Prosecutor's costs as agreed or assessed. 3. To comply with the terms of the Crimes Appeal Act, it is appropriate that I discharge that order and make the following order in its place. 1. The Appellant is to pay the Prosecutor's costs other than the costs of the mention on 19 November 2018 as agreed or assessed, with such costs to be paid within 60 days after an agreement as to the amount of costs has been made or the issue of a Certificate of Assessment of any such costs, whichever is earlier.