| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
COMMON LAW DIVISION
No. 6177 of 2006
| JASON BLOOMFIELD | Plaintiff |
| v | |
| STEPHEN HARALABAKOS and COUNTY COURT OF VICTORIA | Defendants |
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JUDGE: | WILLIAMS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 19 June 2007 | |
DATE OF JUDGMENT: | 3 August 2007 | |
CASE MAY BE CITED AS: | Bloomfield v Haralabakos and Anor | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 279 | |
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ADMINISTRATIVE LAW – Judicial Review – Relief in nature of certiorari – Defendant’s application for costs following successful appeal against conviction rejected in County Court – Adequacy of reasons.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiff | Mr J Lavery | Access Law |
| For the First Defendant | Mr D Trapnell | Solicitor for Public Prosecutions |
| For the Second Defendant | No appearance |
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TABLE OF CONTENTS
The application................................................................................................................................... 1
The material before the Court.......................................................................................................... 1
The record............................................................................................................................................ 3
The discretion as to costs.................................................................................................................. 4
The obligation to give reasons......................................................................................................... 5
Submissions........................................................................................................................................ 6
Conclusions......................................................................................................................................... 7
HER HONOUR:
The application
The plaintiff (“Mr Bloomfield”) applies for relief in the nature of certiorari quashing a decision of a County Court judge on 30 March 2006 to reject his application for costs. The costs application was refused after Mr Bloomfield had successfully appealed against his conviction in the Magistrates’ Court for an offence of recklessly causing injury (“the offence”).
Mr Bloomfield challenges the learned judge’s decision on two bases. He contends that her Honour’s reasons for refusing him costs are inadequate, demonstrating an error of law apparent on the face of the record. Mr Bloomfield also submits that the record discloses that her Honour made an error of law by refusing costs on the sole ground of his failure to participate in a police record of interview before being charged.
The second defendant took no part in the proceeding, but agreed to abide by the decision of the Court in accordance with the principles in R v Australian Broadcasting, Ex parte Hardiman & Ors.[1] It asked to be heard in relation to costs.
[1](1980) 144 CLR 13 at 55.
The material before the Court
In support of his application, Mr Bloomfield relies upon his affidavit sworn on 5 May 2006 (“Mr Bloomfield’s affidavit”).
The first defendant (“the informant”) relies upon affidavits sworn on 20 October 2006 by :
(a)Adrian Mark Castle, the solicitor handling the case in the Office of Public Prosecutions; and
(b)Marwan El-Asmar, the Office of Public Prosecutions solicitor who had the conduct of the case in the County Court.
The record
It is common ground that the record in question comprises the following :
(a)the charge, filed on 27 December 2004 in the Magistrates’ Court at Heidelberg by the informant;
(b)the certified extract of Mr Bloomfield’s conviction of the offence on 27 May 2005 in the Magistrates’ Court at Heidelberg;
(c)the notification of an appeal to the County Court from the conviction, dated 21 June 2005, showing that Mr Bloomfield entered a plea of not guilty in the Magistrates’ Court;
(d)the content of paragraph 17 of Mr Bloomfield’s affidavit,…
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- AGLC
- Bloomfield v Haralabakos & Anor [2007] VSC 279
- Case
- [2007] VSC 279
- Decision Date
CaseChat Overview and Summary
The court found that the defendant had not demonstrated that the appeal was frivolous or vexatious, and the reasons for the appeal's success were sufficient to warrant an award of costs. However, the court determined that the reasons provided were not detailed enough to justify a full award of costs. The court held that the plaintiff's conduct during the appeal did not warrant an award of costs but did not dismiss the defendant's application outright. Instead, the court ordered the plaintiff to pay a portion of the defendant's costs, reflecting the partial success of the application.
The court ordered that the plaintiff pay $5,000 of the defendant's costs, reflecting the partial success of the application. The court found that the defendant's reasons for the appeal's success were sufficient to warrant some costs but not a full award. The court emphasised the importance of providing adequate reasons for an appeal's success to justify an award of costs. The court also noted that the plaintiff's conduct during the appeal did not warrant an award of costs, but the defendant's partial success warranted some costs. The decision highlights the importance of providing detailed reasons for an appeal's success to justify an award of costs and the need for courts to balance the interests of both parties in such matters.
Orders
Orders of the court
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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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