Miller v Director of Public Prosecutions (No 2)

Miller was the appellant and the Director of Public Prosecutions (DPP) was the respondent. The dispute concerned an application by the DPP to set off costs awarded to it against costs awarded to Miller in separate proceedings. The matter was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the DPP was entitled to set off the costs it had been awarded against the costs awarded to Miller. This involved determining whether the costs orders arose out of the same set of proceedings, a prerequisite for a set-off, and considering the effect of the DPP's inaction in recovering its costs for an extended period.

The Court of Appeal held that the costs orders did not arise out of the same set of proceedings. The costs awarded to the DPP were in respect of the appellant's failure to comply with procedural directions, while the costs awarded to the appellant were in separate proceedings. Consequently, the DPP was not entitled to set off the costs. The Court affirmed the existing costs order made on 1 April, confirming it would stand without variation or added conditions.