Benson v Matthews No 2

Case [2005] QDC 56


DISTRICT COURT OF QUEENSLAND

CITATION:

Benson v Matthews No 2 [2005] QDC 056

PARTIES:

ERIC GORDON BENSON

Appellant

v

JOHN WILLIAM MATTHEWS

Respondent

FILE NO/S:

Appeal D905/04;  MAG66128/01

DIVISION:

PROCEEDING:

Appeal

ORIGINATING COURT:

Magistrates Court, Brisbane

DELIVERED ON:

24 March 2005

DELIVERED AT:

Brisbane

HEARING DATE:

(Submissions in writing)

JUDGE:

McGill DCJ

ORDER:

The respondent pay the appellant $12,898 as costs of the trial.

CATCHWORDS:

CRIMINAL LAW – Summary offences – costs – whether costs to be awarded to successful defendant

PRACTICE – Costs – summary offences – complaint dismissed – whether costs to be awarded to defendant

Justices Act 1886 s 158A.

COUNSEL:

M D Martin for the appellant
A N S Skoien for the respondent

SOLICITORS:

Crowthers for the appellant
Shire solicitor, Pine Rivers Shire Council for the respondent.

  1. In this matter, for reasons I published on 10 December 2004, I allowed an appeal against the decision of a magistrate convicting the appellant of an offence under the Integrated Planning Act 1997, quashed the conviction, and entered a verdict of acquittal. I made an order dealing with the costs of the appeal, but reserved the question of the costs of the hearing before the magistrate until written submissions from both parties had been received. They have now been received, and I will deal with that question of costs.

  1. Before the magistrate the prosecution was successful, and an order for costs was made against the appellant. However, it does not necessarily follow that, the prosecution having on appeal been unsuccessful, an order for costs should be made in favour of the respondent, and in any event there is no reason why the quantum of costs awarded should be the same. Although there is power when dismissing a complaint to make an order that the complainant pay the defendant’s costs in s 158(1) of the Justices Act, s 158A provides that an order for costs in favour of a defendant against a complainant who is a public officer may be made “only if the justices are satisfied that it is proper that the order for costs should be made.” The term “public officer” includes an officer or employee of a local government (s 4), and therefore this section applies to restrict any order for costs against the respondent. Subsection (2) goes on to provide a number of matters which justices must take into account in deciding whether it is proper to make the order.

  1. The extent to which this produces an approach to the exercise of the discretion as to costs which differs from the approach appropriate in the case of an unrestricted discretion is a matter which has generated some divergence of opinion.  In MacPherson v Commissioner of Taxation [1998] QCA 396, McPherson JA at [14] said that: “It might be said that the function to be performed in exercising discretion under s 158A does not greatly differ from what it would be in exercising [an] unparticularised general discretion …” On the other hand, in Saffery v…

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Benson v Matthews No 2 [2005] QDC 56
Case
[2005] QDC 56
Decision Date

CaseChat Overview and Summary

Benson and Matthews were involved in a dispute which was heard in a lower Australian court. The nature of the dispute was related to criminal law and specifically, summary offences. Matthews, the defendant, was found to be not guilty and sought an award of costs from the prosecution, Benson. The case was heard in the relevant appellate court which was tasked with determining whether costs should be awarded to the defendant in such circumstances.

The legal issues that the court was required to decide involved the interpretation of the law concerning costs in summary offence cases. The court needed to determine whether it was appropriate for a defendant who had been acquitted to be awarded costs, particularly when the complaint against them had been dismissed. This required the court to consider precedents and statutory provisions that govern costs in criminal cases.

In reaching its decision, the court examined relevant legal principles and precedents. The court found that it was appropriate to award costs to the defendant in this case, given that the complaint against them had been dismissed. The court emphasised the importance of ensuring that the legal process was fair and just, and that costs should not be seen as a punishment but rather as a recognition of the defendant's right to a fair trial. Consequently, the court ordered that the respondent pay the appellant $12,898 as costs of the trial.

The final orders of the court were that the respondent, Matthews, pay the appellant, Benson, the sum of $12,898 as costs of the trial. This decision sets a precedent for similar cases involving summary offences and the awarding of costs to defendants who have been acquitted.

Orders

Orders of the court

The respondent pay the appellant $12,898 as costs of the trial.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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