Sayer-Jones v Director of Public Prosecutions (No 2) [2019] NSWSC 1786

Supreme Court New South Wales

Medium Neutral Citation: Sayer-Jones v Director of Public Prosecutions (No 2) [2019] NSWSC 1786 Hearing dates: 11 December 2019 Decision date: 13 December 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse the plaintiff's application made on 12 December 2019 to put on further submissions.

(2) Order the defendant to pay the plaintiff's costs of the proceedings in the sum of $100, such amount to be paid within 28 days hereof.

(3) Otherwise make no order as to costs. Catchwords: COSTS – application for costs following successful appeal under Part 5 of the Crimes (Appeal and Review) Act 2001 (NSW) – whether power to order costs of the proceedings in this Court and in the Court below

COSTS – whether power to make lump sum costs order in criminal proceedings – whether items allowable – use of legal databases in breach of university policy – commencement of proceedings in District Court for improper purpose of obtaining transcript at reduced rate

STATUTORY INTERPRETATION – whether an appeal under Part 5 of the Crimes (Appeal and Review) Act 2001 (NSW) is civil or criminal proceedings – relevant statutory definitions – criminal proceedings – court fees not authorised by delegated legislation – not payable Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3, 4, 98 Civil Procedure Regulation 2017 (NSW), cl 4, Sch 1 Costs in Criminal Cases Act 1967 (NSW), s 2 Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53, 55, 58, 61, 70, 72 Crimes Act 1900 (NSW), ss 192G, 319 Criminal Procedure Act 1986 (NSW), ss 4, 4A, 28, 211, 212, 213, 214 Criminal Procedure Regulation 2017 (NSW), cl 12, Sch 2 Supreme Court Act 1970 (NSW), ss 17, 23, 124, Sch 3 Supreme Court Rules 1970 (NSW), Pt 51B, rr 2, 14 Cases Cited: Cachia v Hanes (1994) 179 CLR 403; [1994] HCA 14 Campbell v Director of Public Prosecutions (NSW) [2009] NSWSC 973 Cunningham v Cunningham (No 2) [2012] NSWSC 954 Jamieson v The Queen; Brugmans v The Queen (1993) 177 CLR 574; [1993] HCA 48 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Sayer-Jones v Director of Public Prosecutions (NSW) [2019] NSWSC 1615 Tabcorp Holdings Ltd v Fitzsimons [2007] NSWSC 836; (2007) 176 A Crim R 28 Turner v Wheeler (No 2) [2016] NSWSC 431 Category: Costs Parties: Robert Lyndon Sayer-Jones (Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Plaintiff in person C O Gleeson (Defendant)