AB v Director of Public Prosecutions (NSW)

The applicant, AB, sought judicial review of a decision by a trial judge who had refused an application for a costs certificate under the *Costs in Criminal Cases Act 1967* (NSW). The respondent was the Director of Public Prosecutions (NSW). The matter came before the Court of Appeal of New South Wales, comprising Basten JA, Sackville AJA, and Adamson J.

The central legal issues before the Court of Appeal were whether the trial judge's decision to refuse the costs certificate was affected by an error of law on the face of the record, and whether the decision involved jurisdictional error.

The Court of Appeal found that the trial judge's decision was not affected by an error of law on the face of the record, nor did it involve jurisdictional error. The Court's reasoning focused on the proper interpretation and application of the *Costs in Criminal Cases Act 1967* and the scope of judicial review in such circumstances. The Court concluded that the trial judge had acted within their jurisdiction and had not made an error of law that would warrant intervention on judicial review.

Consequently, the application for judicial review was dismissed, and the applicant was ordered to pay the costs of the respondent.