A trial judge's refusal to grant a costs certificate under the Costs in Criminal Cases Act 1967 (NSW) cannot be challenged on judicial review merely on the basis that a different conclusion might have been reached; the applicant must demonstrate serious unreasonableness amounting to an arbitrary, capricious, irrational or not bona fide decision. References to evidence in reasons for judgment do not incorporate the whole transcript into the record for the purposes of judicial review under s 69 of the Supreme Court Act 1970 (NSW). The Azzopardi principle — that a refusal to make a finding in favour of the party bearing the onus of proof does not give rise to an error of law — applies to evaluative judgments under s 3(1)(a) of the Costs in Criminal Cases Act.
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