Haddon v Everitt

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.