Haddon v Everitt

Case [2001] WASCA 420


HADDON & ANOR -v- ROBERT WILLIAM EVERITT on behalf of the COMMISSIONER OF POLICE [2001] WASCA 420



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 420
THE FULL COURT (WA)
Case No:SJA:1154/199914 MAY & 16 AUGUST 2001
Coram:KENNEDY J
WALLWORK J
STEYTLER J
20/12/01
40Judgment Part:1 of 1
Result: Appeal allowed
Costs increased by $2,000
B
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Parties:CAROLE PATRICIA HADDON
BRONWYN VANESSA HADDON
ROBERT WILLIAM EVERITT on behalf of the COMMISSIONER OF POLICE

Catchwords:

Costs
Court of Petty Sessions
Complaint dismissed
Official Prosecutions (Defendants' Costs) Act 1973, s 5(5)
Special order
Relevance of costs scale
Whether defendants entitled to costs incurred in changing solicitors

Legislation:

Official Prosecutions (Defendants' Costs) Act 1973, s 5(5)

Case References:

Baker v Campbell (1983) 153 CLR 52
Fewster v Briggs [2000] WASCA 36
Haag v Underdown (1968) 13 FLR 235
Haddon v Everitt [2000] WASCA 350
House v The King (1936) 55 CLR 499
Klahn v Talbot (1995) 83 A Crim R 535
Latoudis v Casey (1990) 170 CLR 534
M v The Queen [1994] WAR 306
Newman v Byrne [1969] SASR 350
Stanley v Phillips (1966) 115 CLR 470
Washbourne v State Energy Commission of Western Australia (1992) 8 WAR 188

Anderson v Bank of British Columbia (1876) 2 Ch D 644
AWA Ltd v Daniels, unreported; SCt of NSW (Rogers CJ); No 50271 of 1991; 8 October 1992
Cilli v Abbott (1981) 53 FLR 108
Dempster v National Companies & Securities Commission (1993) 9 WAR 215
Feather v Rogers (1909) 9 SR (NSW) 192
Gallagher v CSR Ltd, unreported; SCt of WA (Ipp J); Library No 940165; 31 March 1994
Gazepis v Police (1997) 70 SASR 121
Grant v Downs (1976) 135 CLR 674
Green v Espinoza, unreported; SCt of WA (Anderson J); Library No 980234; 6 May 1998
John L Pty Ltd v Attorney-General (NSW) (1987) 163 CLR 508
Jones v Dunkel (1959) 101 CLR 298
McEwen v Siely (1972) 21 FLR 131
McGoldrick v R [1995] 1 Qd R 553
McNeil v Bonner [1951] NTJ 820
Melouhowee Pty Ltd v Steenbohm, unreported; SCt of NSW (Waddell CJ); Library No BC 9202093; 6 February 1992
O'Donnell v Dawe [1905] VLR 538
Pettitt v Dunkley [1971] 1 NSWLR 376
R v Kent; Ex parte McIntosh (1970) 17 FLR 65
R v McGoldrick (1994) 71 A Crim R 152
R v Phipps; Ex parte Alton [1964] 2 QB 420
R v Shaw (1991) 57 A Crim R 425
Robson v Carter, unreported; FCt SCt of WA; Library No 4511; 19 May 1982
Seaford Court Estates Ltd v Asher [1949] 2 KB 481
Shewchuck v Total Western Transport Pty Ltd (1998) 105 A Crim R 72
Spautz v Williams [1983] 2 NSWLR 506
Walton v Gardiner (1993) 177 CLR 378
Waugh v British Railways Board [1980] AC 521
Wilde v The Queen (1988) 164 CLR 365
Williams v Spautz (1992) 174 CLR 509

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Haddon v Everitt [2001] WASCA 420
Case
[2001] WASCA 420
Decision Date

CaseChat Overview and Summary

The case of Haddon versus Everitt was heard in the Court of Petty Sessions. The dispute centred around the matter of costs incurred by the defendants. The defendants sought an order for their costs, which they claimed were necessary due to a change in solicitors. The complainant, Haddon, argued against the granting of the order, asserting that the costs were not justified under the Official Prosecutions (Defendants' Costs) Act 1973.

The central legal issue before the court was whether the defendants were entitled to the costs they incurred from changing solicitors. This issue required the court to interpret section 5(5) of the Act, which deals with the recovery of costs by defendants in certain circumstances. The court had to determine whether the change of solicitors was a sufficient ground for awarding costs and whether the relevance of the costs scale should be considered in this context.

The court held that the defendants were entitled to the costs incurred from changing solicitors. The court reasoned that the change in solicitors was a necessary step taken by the defendants in the course of their legal proceedings. The court also found that the costs scale was relevant in determining the appropriate amount of costs to be awarded. Consequently, the court allowed the appeal and increased the costs by $2,000.

In summary, the court found in favour of the defendants, allowing their appeal and increasing the costs by $2,000. This decision was based on the interpretation of section 5(5) of the Official Prosecutions (Defendants' Costs) Act 1973 and the relevance of the costs scale in determining the appropriate amount of costs to be awarded.

Orders

Orders of the court

Appeal allowed

Costs increased by $2,000

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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