Andros Steve Klobucar v Scott Martin Curtis

[2009] ACTSC 152

ANDROS STEVE KLOBUCAR v SCOTT MARTIN CURTIS & ANOR
[2009] ACTSC 152 (18 November 2009)

COSTS – costs of proceedings in Magistrates Court where committal order erroneously made – defendant ordered to pay plaintiff’s costs.

No. SC 782 of 2008

Judge:              Higgins CJ
Supreme Court of the ACT

Date:               18 November 2009 

IN THE SUPREME COURT OF THE       )
  )          No. SC 782 of 2008
AUSTRALIAN CAPITAL TERRITORY    )          

BETWEEN:ANDROS STEVE KLOBUCAR

Plaintiff

AND:SCOTT MARTIN CURTIS

First Defendant

AND:ACT MAGISTRATES COURT

ORDER

Judge:  Higgins CJ
Date:  18 November 2009 
Place:  Canberra

THE COURT ORDERS THAT:

1. The first defendant pay the costs of the plaintiff of and incidental to the proceedings in the Magistrates Court.

1. On 19 February 2009 I made an order setting aside a committal order erroneously made.

1. I made an order for costs of the application to set aside that order and reserved the question of the costs of the proceedings before the learned Magistrate.  I granted leave to make written submissions.

1. They have now been submitted.  The plaintiff seeks an order for costs of the proceedings below.  The first defendant does not oppose that order.

1. I accept that it is appropriate to make such an order and I do so, such costs to be taxed if not agreed.

1. The first defendant to pay the costs of the plaintiff of and incidental to the proceedings in the Magistrates Court, the subject of these proceedings.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of his Honour, Chief Justice Higgins.

Associate:

Date:      18 November 2009 

Counsel for the plaintiff:  Mr S Gill
Solicitor for the plaintiff:  Kamy Saeedi Lawyers
Counsel for the defendant:  Mr M Chilcott
Solicitor for the defendant:  Director of Public Prosecutions (ACT)
Date of hearing:  19 February 2009
Date of judgment:  18 November 2009