Byrnes v Barry

Case [2004] ACTCA 24


JIM BYRNES v PAUL BARRY and JOHN FAIRFAX PUBLICATIONS PTY LIMITED [2004] ACTCA 24 (30 November 2004)

APPEAL – costs – costs in criminal proceedings – costs awarded when Crown not a party.

COSTS – criminal cause or matter – private prosecution – Crown not a party – application for leave to prosecute defamatory libel – application dismissed – costs awarded – whether costs within power of Supreme Court – whether power to award costs in “criminal causes or matters” – whether contrary “practice” limiting power.

COURTS AND JUDGES – precedent – prior decisions of Court of Appeal of the ACT – prior decisions of Full Federal Court on appeal from the Supreme Court of the ACT.

WORDS AND PHRASES – “practice” – “criminal cause or matter”.

Defamation (Criminal Proceedings) Act 2001 (ACT), ss 29, 30

Supreme Court Act 1933 (ACT), s 23

Supreme Court Act 1935 (WA), s 37

Director of Public Prosecutions Act 1990 (ACT), s 8

Seat of Government Acceptance Act 1909 (Cth), s 5

Seat of Government (Administration) Act 1910 (Cth)

Australian Capital Territory (Self Government) Act 1988 (Cth)

Defamation Act 1901 (ACT), s 18

Defamation Act 2001 (ACT), s 43

Defamation (Amendment) Act 1909 (ACT)

Defamation Act 1901 (NSW)

Defamation Act 1912 (NSW)

Defamation Act 1958 (NSW), s 33

Defamation Act 1974 (NSW), s 50

Civil Law (Wrongs) Act 2002 (ACT), ch 5

Statute Law Revision Act 1883 (UK)

Supreme Court of Judicature Act 1873, ss 47, 71

Supreme Court of Judicature Act 1881, s 19

Supreme Court of Judicature Act 1890 (53 and 54 Vic c 44), s 5  

Libel Act 1843, (6 and 7 Vic c 96), s 8

Supreme Court of Judicature (Consolidation) Act 1925 (UK), s 50

Court of Petty Sessions Ordinance 1971 (ACT)

Federal Court of Australia Act 1976 (Cth), s 43

County Court Act 1958 (Vic), s 78A

Supreme Court Act 1986 (Vic), s 24

Supreme Court (Amendment) Act 2001 (No 2) (ACT)

Law of Libel Amendment Act 1888 (51 and 52 Vic c 64), s 8

Second Reading Speech to the Supreme Court Bill 1933

Byrnes v Barry and John Fairfax Publications Pty Limited(No 1) [2003] ACTSC 54

Shapowloff v John Fairfax & Sons Ltd (1966) 84 WN (NSW) 546

Ex parte O’Connor; Re Wright (1930) 47 WN (NSW) 193

Ex parte Pulbrook [1892] 1 QB 86

R v Scott (1993) 42 FCR 1

R v Goia (1988) 19 FCR 212

Perkins v County Court of Victoria [2000] 2 VR 246

R v Wright, Danci and Currie (1994) 77 A Crim R 67

Carter v Managing Partner, Mallesons Stephen Jaques (1993) 11 WAR 159

Latoudis v Casey (1990) 170 CLR 534

Garnett v Bradley (1878) 3 App Cas 944

Corporation of Burford v Lenthall (1743) 2 Atk 551

Andrews v Barnes (1888) 39 Ch D 133

Knight v FP Special Assets Pty Ltd (1992) 174 CLR 178

R v Beadle (1857) 7 EL and BL 492; 119 ER 1329

Statute of Marlborough (1267) 52 Henry…

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AGLC
Byrnes v Barry [2004] ACTCA 24
Case
[2004] ACTCA 24
Decision Date

CaseChat Overview and Summary

In *Byrnes v Barry*, the parties were the appellant, Byrnes, and the respondent, Barry. The dispute concerned an appeal against a decision of the Supreme Court of Queensland.

The primary legal issue before the Court of Appeal was whether to grant leave to appeal.

The Court of Appeal granted leave to appeal.

Orders

Orders of the court

1.

leave to appeal be granted;

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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