McFadyen v Director of Public Prosecutions (NSW)

McFadyen, the appellant, sought costs against the Director of Public Prosecutions (NSW) following a criminal trial in which he was acquitted. The appellant argued that the Director of Public Prosecutions unreasonably failed to investigate or investigate properly any relevant matter and that the proceedings were initiated without reasonable cause or in bad faith. The court was required to determine whether the appellant was entitled to costs under the Criminal Procedure Act 1986 (NSW) for the unreasonable or improper conduct of the investigation or the initiation and conduct of the proceedings.

The court considered the evidence and submissions from both parties, and determined that the Director of Public Prosecutions did not act unreasonably or improperly in conducting the investigation or initiating and conducting the proceedings. The court found that the Director of Public Prosecutions had acted reasonably in deciding to prosecute the appellant and that the investigation was conducted properly. The court also found that there were no exceptional circumstances that made it just and reasonable to award costs to the appellant.

Accordingly, the court refused the appellant's application for costs. The court found that the Director of Public Prosecutions had not acted unreasonably or improperly in the investigation or proceedings and that there were no exceptional circumstances that warranted the award of costs to the appellant. The court emphasised the importance of the public interest in the enforcement of the law and the need to protect public resources from being wasted on unjustified claims for costs. The court also noted that the appellant had been acquitted of the charges against him and that he had not suffered any prejudice as a result of the investigation or proceedings.