judicial review of a costs decision by a Magistrate in a criminal matter
Quick Take
1A Magistrate determining the quantum of professional costs under s 213 of the Criminal Procedure Act 1986 (NSW) is not required to refer to every submission or piece of evidence; the obligation is to have regard to the submissions as a whole and give adequate reasons for the decision.
2Representations or submissions made to a decision-maker constitute a mandatory relevant consideration as a whole, not as to individual statements within them; failure to address each individual proposition does not establish jurisdictional error or error of law on the face of the record.
3Alleged errors of fact in a Magistrate's costs decision are not reviewable under s 69 of the Supreme Court Act 1970 (NSW), which is confined to jurisdictional error or error of law on the face of the record and does not extend to merits review.
