Gee v Office of the Director of Public Prosecutions NSW [2019] NSWSC 618

Supreme Court New South Wales

Medium Neutral Citation: Gee v Office of the Director of Public Prosecutions NSW [2019] NSWSC 618 Hearing dates: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) By consent, and pursuant to s 69 of the Supreme Court Act 1970 (NSW), set aside the decision of Day LCM made on 12 September 2018 at the Local Court at Orange to refuse a certificate under the Costs in Criminal Cases Act 1967 (NSW).

(2) By consent, order that the plaintiffs' application for a costs certificate be remitted to the Local Court to be determined according to law.

(3) Order that each party pay his or her own costs of the proceedings in this Court. Catchwords: COSTS – whether compromise as to plaintiffs' secondary case entitles plaintiffs to their costs – definition of "event" in principle that costs follow the event – plaintiffs withdrew claim for principal relief shortly prior to hearing – no issue as to alternative relief – appropriate that each party pay own costs Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) s 3 Crimes Act 1900 (NSW) ss 319, 323 Crimes (Appeal and Review) Act 2001 s 53(3)(b) Local Court Act 2007 (NSW) s 70(1)(c) Supreme Court Act 1970 (NSW) s 69 Uniform Civil Procedure Rules 2005 (NSW) (UCPR) rr 42.1, 50.14 Cases Cited: Kanan v Australian Postal and Telecommunications Union [1992] FCA 539; (1992) 43 IR 257 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Category: Principal judgment Parties: Vicki Gee (First Plaintiff) Mark Gee (Second Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: T Jones (Plaintiffs) B Baker (First Defendant)