Dempsey v Director of Public Prosecutions

[2019] NSWCA 267

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Inferior court
5. › District Court costs order in criminal appeal
6. › Whether denial of procedural fairness constituted jurisdictional error
7. › Supreme Court Act 1970 (NSW), s 69
1. Administrative Law
2. › Procedural fairness
3. › Costs assessment in criminal proceedings
4. › Failure to inform party of basis for reduction
5. › Whether party denied opportunity to address adverse matters not apparent from nature of proceedings
6. › Criminal Procedure Act 1986 (NSW), s 213
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 28
1. Costs
2. › Criminal proceedings
3. › Professional costs
4. › Assessment of quantum
5. › Whether 'fair and reasonable' costs under Legal Profession Act equivalent to 'just and reasonable' costs under Criminal Procedure Act or 'just' costs under Crimes (Appeal and Review) Act
6. › Criminal Procedure Act 1986 (NSW), s 213
7. › Crimes (Appeal and Review) Act 2001 (NSW), s 28
8. › Legal Profession Act 2004 (NSW), s 364
1. Administrative Law
2. › Judicial review
3. › Unreasonableness as jurisdictional error
4. › Decision lacking evident and intelligible justification
5. › Whether reduction of assessed costs by 30% was unreasonable

Quick Take

A judge assessing costs under s 213 of the Criminal Procedure Act 1986 (NSW) or s 28 of the Crimes (Appeal and Review) Act 2001 (NSW) who proposes to apply a discount to assessed costs on a basis not raised by the parties must afford the parties an opportunity to be heard on that basis, and failure to do so constitutes jurisdictional error.