Director of Public Prosecutions (NSW) v Moradian, Saliba and Sparos

The case involved the Director of Public Prosecutions for New South Wales, who appealed against an interlocutory decision in a criminal matter. The respondents, Moradian, Saliba, and Sparos, were the individuals against whom the Director had brought criminal charges. The Supreme Court of New South Wales was asked to determine whether the respondents were entitled to a certificate under section 6 of the Suitors’ Fund Act 1951 (NSW) for costs incurred in relation to the appeal. The Director subsequently withdrew the appeal, leaving the court to decide the respondents' entitlement to a certificate.

The central legal issue before the court was whether the respondents, having successfully defended against the Director's appeal, were eligible for a certificate under section 6 of the Suitors’ Fund Act. This section provides that if a party "succeeds" in an appeal in the Supreme Court, they are entitled to a certificate for costs. The court had to interpret the meaning of "succeeds" in this context, particularly as the Director had withdrawn the appeal rather than being outright dismissed or having an adverse outcome.

The court held that the withdrawal of the appeal constituted a form of success for the respondents, as it meant the respondents had effectively prevailed in the appeal process. Consequently, the court found that the respondents were entitled to a certificate for costs under section 6 of the Suitors’ Fund Act. The court reasoned that the withdrawal of the appeal by the Director represented a definitive outcome favourable to the respondents, similar to a dismissal of the appeal.

The final orders of the court were that Moradian, Saliba, and Sparos were granted a certificate for costs under section 6 of the Suitors’ Fund Act 1951 (NSW). The Director of Public Prosecutions was ordered to pay the costs incurred by the respondents in relation to the withdrawn appeal.