Director of Public Prosecutions (NSW) v Peapell

[2025] NSWCA 147

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Criminal proceedings
3. › Costs recoverable by litigant in person
4. › Meaning of 'professional costs'
5. › Whether printing, travel and accommodation costs recoverable by self-represented litigant
6. › Criminal Procedure Act 1986 (NSW), ss 211, 213, 214
1. Costs
2. › Criminal proceedings
3. › Costs on appeal from Local Court
4. › Power of District Court to award costs
5. › Whether costs power under s 28(3) of CAR Act adopts general principles from Cachia v Hanes
6. › Crimes (Appeal and Review) Act 2001 (NSW), ss 28(2), 28(3), 70
1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Discretion to refuse relief
5. › Where costs conceded as payable below
6. › Where small quantum in dispute
7. › Where matter would have to be remitted
8. › District Court Act 1973 (NSW), s 176

Quick Take

A self-represented litigant in criminal proceedings can recover only disbursements that would have been recoverable by a legal practitioner on a party/party basis (such as printing costs and witness expenses including the litigant's own travel as a witness), but cannot recover costs of travelling to and from court to represent themselves, under either s 213 of the Criminal Procedure Act 1986 (NSW) or s 28(3) of the Crimes (Appeal and Review) Act 2001 (NSW).