Hickey v Crime and Misconduct Commission

DISTRICT COURT OF QUEENSLAND

CITATION:

Hickey v Crime and Misconduct Commission [2008] QDC 340

PARTIES:

ANTHONY WILLIAM HICKEY

(Appellant)

v

CRIME AND MISCONDUCT COMMISSION

(Respondent)

FILE NO/S:

2868 of 2006

DIVISION:

Civil

PROCEEDING:

Appeal – Costs

ORIGINATING COURT:

Magistrates’ Court Brisbane

DELIVERED ON:

15 August 2008

DELIVERED AT:

Brisbane

HEARING DATE:

19 May 2008

JUDGE:

Shanahan DCJ

ORDERS:

Respondent to pay $11,760 as costs of the appeal.  I direct that such an amount be paid to the Registrar of the District Court, Brisbane by 15 October 2008 to be then paid to the Appellant.

Respondent to pay $26,960 as costs of the summary trial.

CATCHWORDS:

COUNSEL:

Ms K Mellifont for the appellant

Mr M Plunkett for the respondent

SOLICITORS:

Gilshenan and Luton Legal Group for the appellant

Official Solicitor, Crime and Misconduct Commission for the respondent

1. On 13 September 2007 I allowed the appellant’s appeal against conviction and entered a finding of not guilty in relation to an offence against s 218(1) of the Crime and Misconduct Act 2001 (Qld). The appellant had been convicted after a three day summary trial. I indicated in my decision that I would hear the parties as to costs.

1. On 19 May 2008 the parties argued the issue of costs as well as providing written outlines and other material upon which they wish to rely.

1. The appellant sought payment of his costs in relation to the public enquiry conducted by the Crime and Misconduct Commission (CMC), the three day summary trial and the appeal.  The hearing of the appeal took one day.  At the hearing on 19 May 2008 the appellant abandoned the claim for the costs of the CMC hearing.  The respondent opposes the award of costs.  If costs are to be awarded, the respondent argues that costs should be limited as prescribed by the Justices Act 1886.

1. The appellant has provided material that shows that the costs he actually incurred were $83,585.73 for the summary trial and $119,686.90 for the appeal.  An affidavit of Mr A Bloom, Queensland General Manager of D G Thompson Legal Costs was received on the costs hearing, over objection by the respondent.  That indicated two assessment bases.  One was based on the solicitor/client costs in accordance with the client agreement and the second based on the District Court scale.  The costs assessed using the client agreement were $75,200 for the summary trial and $114,600 for the appeal.  The costs assessed using the District Court scale were $68,000 for the summary trial and $108,400 for the appeal.  The respondent argues that those assessment bases were inappropriate in the circumstances, are extravagant and, in any event, contain items which should not be allowed on any assessment basis (e.g. costs of a press release).

The Background

1. The appellant was convicted of an offence that on 13 April 2005 he gave the CMC a document containing information which was false or misleading in a material particular.  To prove that charge it was accepted by the parties that the prosecution was required…