May v Helicopter Resources; Commonwealth of Australia v May (No. 2)

[2021] ACTSC 123

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

May v Helicopter Resources; Commonwealth of Australia v May (No. 2)

Citation:

[2021] ACTSC 123

Hearing Dates:

On the papers

DecisionDate:

18 June 2021

Before:

Elkaim J

Decision:

See [4] and [5]

Catchwords:

APPEAL – Costs – Orders Made By Consent   

Legislation Cited:

Magistrates Court Regulations 2009 (ACT)

Cases:

May v Helicopter Resources; Commonwealth of Australia v May [2021] ACTSC 116

Parties:

Christopher May (Appellant, Second Respondent)

Commonwealth of Australia (Second Appellant)

Helicopter Resources Pty Ltd (Respondent)

Representation:

Counsel

P Neil SC, C Jacobi and B Narula (Appellant and Second Respondent)

G Livermore QC and C Currie (Second Appellant)

G O’Mahoney and D Habashy (Respondent)

Solicitors

Commonwealth Director of Public Prosecutions (Appellant and Second Respondent)

Maddocks (Second Appellant)

Norton White (Respondent)

File Numbers:

SCA 1 of 2020; SCA 17 of 2020

Decision under appeal: 

Court:  ACT Magistrates Court

Before:  Acting Chief Magistrate Theakston

Date of Decision:         6 December 2019

Case Title:                   May v Commonwealth of Australia and Helicopter Resources Pty Ltd (No 2)

Citation: [2019] ACTMC 31

ELKAIM J:

1. On 10 June 2021 I handed down my decision in the respective appeals of May v Helicopter Resources Pty Ltd and Commonwealth of Australia v May (May v Helicopter Resources; Commonwealth of Australia v May [2021] ACTSC 116).

1. I invited the parties to make written submissions on any costs orders that were sought. The parties were able to reach agreement and provided me with the terms of the orders to be made.

1. Accordingly, and adopting the wording agreed upon by the parties, I make the following orders:

1. In the matter of May v Helicopter Resources (SCA 1 of 2020):

(i)The Respondent’s costs of and incidental to the appeal are payable by the Appellant.

1. In the matter of Commonwealth v May (SCA 17 of 2020):

(i)The Respondent pay the Appellant’s costs of the proceedings in the Magistrates’ Court below, in an amount agreed by the parties pursuant to s 4(1)(b) of the Magistrates Court Regulations 2009 (ACT) or, in default of the filing of an agreement under s 5 of that Regulation within 60 days of the date of this order, in an amount assessed by the Registrar in accordance with the scale of costs as applied under s 4(3)(b) and (c) of the Regulation.

.

I certify that the preceding five [5] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Elkaim.

Associate:

Date: 23 January 2024