SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
FERGUSON v REID
[2007] SASC 445
Judgment of The Honourable Justice Sulan
17 December 2007
CRIMINAL LAW - APPEAL AND NEW TRIAL AND INQUIRY AFTER CONVICTION - APPEAL AND NEW TRIAL - APPEAL AGAINST ACQUITTAL
CRIMINAL LAW - JURISDICTION, PRACTICE AND PROCEDURE - JUDGMENT AND PUNISHMENT - COSTS
Appeal against dismissal of charges and costs order - appellant, who was unrepresented, proceeded with private prosecution of respondent in the Magistrates Court - Magistrate dismissed all charges - Magistrate awarded costs to respondent on an indemnity basis in the amount of $30,000 - whether Magistrate erred in dismissing all charges - whether costs awarded manifestly excessive.
Held: Appeal against costs order allowed, quantum reduced to $18,000 - appeal dismissed on all other grounds.
Dog and Cat Management Act 1995 (SA) s 30, s 60; Supreme Court Civil Rules 2006 (SA) r 284, r 289; Magistrates Court Rules 1992 (SA) r 51.00, referred to.
Abram v Bank of New Zealand [1996] ATPR 42,340 (41-507); Ebner v Official Receiver in Bankruptcy (2000) 205 CLR 337; Moore-McQuillan v WorkCover Corporation SA [2007] SASC 219; Moore-McQuillan v Police (1998) 196 LSJS 488; Re JRL; ex parte CJL (1986) 161 CLR 342; SA Police v Murphy (Unreported, Supreme Court of South Australia, Debelle J, 9 January 1996), applied.
Police v Konieczka [2006] SASC 183, considered.
FERGUSON v REID
[2007] SASC 445Magistrates Appeal
SULAN J: The appellant, Richard Ferguson, commenced a private action by complaint in the Magistrates Court of South Australia, alleging that the respondent, Mark Reid, committed 12 offences. The charge the subject of count 12 was withdrawn prior to trial. The appellant, who was unrepresented, conducted the prosecution of the remaining 11 charges against the respondent, who was represented by counsel. The complaint (as amended) is as follows:
The Complainant complains that Mark Reid, being a Dog Management Officers [sic] from the City of Charles Sturt:
1. on the 23rd day of August 2002, unlawfully possessed a dog being a Staffishire-X CONTRARY to section 41, part 1, of the Summary Offences Act, 1953.
2. on the 23rd day of August 2002, unlawfully possessed a dog being a Ridgeback-X CONTRARY to section 41, part 1, of the Summary Offences Act, 1953.
3. on the 23rd day of August 2002, illegally interfered with a motor vehicle at Wood Ave, Brompton CONTRARY to section 86A, part 1, of the Criminal Law Consolidation Act, 1935.
4. on the 23rd day of August 2002, was responsible for property damage to locks on a motor vehicle at Wood Ave, Brompton. Cost to replace the lock is $286.00. CONTRARY to section 85, part 3, of the Criminal Law Consolidation Act, 1935.
5. on the 23rd day of August 2002, was on premises at 33 Wood Ave, Brompton, for an unlawful purpose CONTRARY to section 17, part 1, of the Summary Offences Act, 1953.
6. on the 23rd day of August 2002,…
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- Ferguson v Reid [2007] SASC 445
- Case
- [2007] SASC 445
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CaseChat Overview and Summary
The court considered the evidence and found that there was no evidence to support Ferguson’s claims against Reid. The court also considered the amount of costs awarded and found that the amount was excessive. The court noted that the case had been lengthy and protracted and that a fair figure to award was $18,000. The court allowed the appeal against the costs order but dismissed the remaining grounds of appeal.
The appeal against the costs order imposed by the Magistrate is allowed. The order of the Magistrate is set aside and I order that the appellant pay the respondent’s costs of the trial in the Magistrates Court, fixed at $18,000. The remaining grounds of appeal are dismissed.
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