NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Byrne v Baker [2019] NSWSC 503 Hearing dates: 7 December 2018 Decision date: 03 May 2019 Jurisdiction: Common Law Before: Button J Decision: (1) The amended summons is dismissed; and (2) The plaintiffs, Paddy Daniel Byrne, David Byrne, Benjamin Byrne and Jonathon Byrne, must pay the costs of the First Defendant, Senior Constable Amanda Baker, of the proceedings before me. Catchwords: ADMINISTRATIVE LAW – judicial review – costs in summary criminal proceedings – application by successful defendants for costs against police after all charges dismissed in summary criminal proceedings – whether Magistrate committed jurisdictional error in refusing costs – summons dismissed Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Criminal Procedure Act 1986 (NSW) Cases Cited: May v O'Sullivan (1955) 92 CLR 654 Category: Principal judgment Parties: Paddy Daniel Byrne (First Plaintiff) David Byrne (Second Plaintiff) Benjamin Byrne (Third Plaintiff) Jonathon Byrne (Fourth Plaintiff) Senior Constable Baker (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: L Fernandez (Plaintiffs) J King (First Defendant)
Solicitors: Macedone Legal (Plaintiffs) Office of the General Counsel, NSW Police Force (First Defendant) File Number(s): 2018/124209 Publication restriction: Nil
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