Where the Crown seeks an adjournment on the day of trial without warning to the accused, the District Court may stay proceedings until costs thrown away are paid, but the stay must be in clear and certain terms and proportionate to the unfairness caused. Where the Crown offers an undertaking to pay costs of specific hearing days, the stay should be limited to those terms. Indemnity costs are not justified by the Crown's failure to be ready for trial absent exceptional conduct.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.