Cosenza v The State of South Australia (No 2)

[2018] SASC 115

SUPREME COURT OF SOUTH AUSTRALIA

(Civil)

COSENZA v THE STATE OF SOUTH AUSTRALIA & ANOR (No 2)

[2018] SASC 115

Judgment of The Honourable Chief Justice Kourakis

17 August 2018

ADMINISTRATIVE LAW - JUDICIAL REVIEW - PROCEDURE AND EVIDENCE - COSTS

Application for costs after dismissing an application for certain declarations as to the unlawfulness of certain actions taken by the Fines Enforcement and Recovery Office on discretionary grounds: Cosenza v State of South Australia & Anor [2017] SASC 183.

Held per Kourakis CJ:

1.  The order that Mr Cosenza pays the defendant's costs of the morning of 21 April 2017 is confirmed.

2.  The Court makes no further order as to costs.

COSENZA v THE STATE OF SOUTH AUSTRALIA & ANOR (No 2)
[2018] SASC 115

Civil

1. KOURAKIS CJ:      On 11 December 2017, I dismissed the plaintiff’s application for declarations, as to the unlawfulness of certain action taken by the Fines Enforcement and Recovery Office, on discretionary grounds.  Even though the plaintiff was successful with respect to a number of the substantive legal propositions which arose on his application, I exercised the discretion adversely to Mr Cosenza primarily because it was clear that he had no valid ground excusing him from responsibility for the underlying expiation fees.

2. Nonetheless, as I have already observed, the Commissioner lost on several of the important issues concerning the proper administration of the Expiation of Offences Act 1996 (SA).

3. In all of the circumstances, other than to confirm the order that Mr Cosenza pays the defendant’s costs of the morning of 21 April 2017, I make no further order as to costs.