Director of Public Prosecutions (NSW) v Peapell

The Director of Public Prosecutions (NSW) (the applicant) sought judicial review of a costs order made by the District Court in favour of Mr Peapell (the first respondent), a litigant in person. Mr Peapell had been successful in appealing a conviction from the Local Court to the District Court, and the District Court had ordered the applicant to pay Mr Peapell's costs. The dispute concerned whether certain expenses incurred by Mr Peapell as a litigant in person, specifically for printing, travel, and accommodation, were recoverable as "professional costs" under section 211 of the *Criminal Procedure Act 1986* (NSW).

The primary legal issue before the Court of Appeal was the interpretation of "professional costs" in section 211 of the *Criminal Procedure Act 1986* (NSW) in the context of a successful litigant in person. The applicant also raised issues of jurisdictional error in the District Court's costs order.

The Court of Appeal dismissed the applicant's summons. Their Honours noted that the costs in dispute were of a small quantum and had been conceded as payable by the applicant in the District Court. Furthermore, there was no evidence before the Court of Appeal detailing the specific costs incurred by Mr Peapell. Given these circumstances, and the fact that any successful challenge would necessitate remitting the matter back to the District Court, the Court exercised its discretion to refuse the claim. The applicant was ordered to pay the first respondent's costs, assessed at $140.