Mastrangelo v Reynolds

Case [2001] WASCA 347


MASTRANGELO -v- REYNOLDS [2001] WASCA 347



(2001) 25 WAR 133
SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 347
THE FULL COURT (WA)
Case No:SJA:1042/20017 SEPTEMBER 2001
Coram:MALCOLM CJ
WALLWORK J
EINFELD AJ
7/11/01
22Judgment Part:1 of 1
Result: Appeal allowed
Order that appellant pay respondent's costs of first appeal set aside
Respondent entitled to an indemnity certificate in respect of his costs of both appeals and an order under s 219 of the Justices Act 1902 (WA)
A
PDF Version
Parties:JUSTIN BRADLEY MASTRANGELO
SCOTT PAUL REYNOLDS

Catchwords:

Procedure
Costs
Appeal by defendant against sentence for traffic offence
Period of licence suspension reduced on appeal
Order for costs of appeal in favour of defendant
Further appeal by prosecution to the Full Court against costs order
Defendant not a "successful defendant" as defined in Official Prosecutions (Defendants' Costs) Act 1973 (WA) s 4(2)
Order for costs set aside
Defendant entitled to an indemnity certificate under s 11(b) of the Suitors' Fund Act 1964 (WA) in respect of both appeals
No order made in favour of prosecution regarding costs of the first appeal
The question raised by this appeal was "a question of law of exceptional public importance" within the meaning of s 219 of the Justices Act 1902 (WA)
Defendant as respondent to second appeal entitled to an order for his costs and any costs ordered to be paid to the appellant to be certified by a Registrar pursuant to s 219 of the Justices Act 1902

Legislation:

Official Prosecutions (Defendants' Costs) Act 1973 (WA) s 4(2), s 5
Suitors' Fund Act 1964 (WA) s 10, s 11, s 12A(2)
Justices Act 1902 (WA) s 199(1), s 219

Case References:

Bolton v Strange [2001] WASCA 34
Graham v Ferguson, unreported; SCt of WA; Library No 960606; 17 October 1996
M (A Child) v The Queen (1994) 13 WAR 306
McKenzie v McKenzie [1970] 3 All ER 1034
Miles v Orr, unreported; SCt of WA; Library No 950171; 13 April 1995
O'Dea v Fletcher, unreported; SCt of WA; Library No 920666; 20 November 1992
Paterson v Steer [2000] WASCA 250
R v Kelly [1999] 3 WLR 1100
Small v Walker, unreported; SCt of WA; Library No 5777.2; 28 March 1985
Sorrell v Bryant (Commissioner of State Revenue), unreported; SCt of WA; Library No 980170; 7 April 1998
Williams v Beverly & Ors, unreported; SCt of WA; Library No 980474; 24 August 1998

Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : MASTRANGELO -v- REYNOLDS [2001] WASCA 347 CORAM : MALCOLM CJ
    WALLWORK J
    EINFELD AJ
HEARD : 7 SEPTEMBER 2001 DELIVERED : 7 NOVEMBER 2001 FILE NO/S : SJA 1042 of 2001 BETWEEN : JUSTIN BRADLEY MASTRANGELO
    Appellant (Respondent)

    AND

    SCOTT PAUL REYNOLDS
    Respondent (Appellant)



Catchwords:

Procedure - Costs - Appeal by defendant against sentence for traffic offence - Period of licence suspension reduced on appeal…

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Mastrangelo v Reynolds [2001] WASCA 347
Case
[2001] WASCA 347
Decision Date

CaseChat Overview and Summary

In the matter of Mastrangelo v Reynolds, the respondent appealed against the decision of the Magistrates Court of Western Australia, which had ordered him to pay the costs of the first appeal after reducing his licence suspension period. The appellant, acting as the prosecution, had filed a further appeal against the order for the respondent's costs of the appeal, arguing that the respondent was not a successful defendant under the Official Prosecutions (Defendants' Costs) Act 1973 (WA). The respondent argued that the appeal raised a question of law of exceptional public importance and therefore he was entitled to an indemnity certificate and an order for his costs of both appeals.

The court was required to determine whether the respondent was a successful defendant under the Act, and if not, whether he was entitled to an indemnity certificate under the Suitors' Fund Act 1964 (WA) and an order for his costs of both appeals under the Justices Act 1902 (WA). The court also had to decide whether the question raised by the appeal was of exceptional public importance.

The court held that the respondent was not a successful defendant as he had not succeeded in his appeal against the sentence for the traffic offence. However, the court found that the appeal raised a question of law of exceptional public importance as it involved the interpretation of the Official Prosecutions (Defendants' Costs) Act 1973 (WA) and the Suitors' Fund Act 1964 (WA). The court therefore set aside the order for costs of the first appeal and ordered that the respondent was entitled to an indemnity certificate in respect of his costs of both appeals and an order for his costs of the second appeal to be certified by a Registrar pursuant to s 219 of the Justices Act 1902 (WA). No order was made in favour of the prosecution regarding the costs of the first appeal. The appeal was allowed and the orders were made as outlined above.

Orders

Orders of the court

Appeal allowed

Order that appellant pay respondent's costs of first appeal set aside

Respondent entitled to an indemnity certificate in respect of his costs of both appeals and an order under s 219 of the Justices Act 1902 (WA)

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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