Nilsson v Department of Police and Emergency Management

Nilsson brought an action against the Department of Police and Emergency Management, seeking compensation for alleged police misconduct. The case was ultimately resolved when Nilsson withdrew his complaint, leading to the dismissal of the proceedings. Nilsson subsequently applied for an order under the Costs in Criminal Cases Act for the costs incurred in the withdrawn complaint. The court was required to determine whether the withdrawal of the complaint justified an order for costs and, if so, the quantum of those costs.

The court considered the relevant provisions of the Costs in Criminal Cases Act, which allow for an order for costs in criminal proceedings even when the proceedings have been withdrawn or dismissed. The court noted that the Act does not require the proceedings to be completed for an order for costs to be made. However, the court must assess the circumstances in which the proceedings were withdrawn to determine whether an order for costs is appropriate. The court examined the reasons for the withdrawal, the conduct of the parties, and the overall fairness of making an order for costs.

After careful consideration, the court concluded that the circumstances did not warrant an order for costs. The withdrawal of the complaint was made without any admission of liability or wrongdoing by the Department. The court found that the withdrawal did not serve the interests of justice, and that making an order for costs would not be fair or reasonable. The court emphasised the importance of the party who withdraws proceedings being mindful of the potential consequences, including the possibility of an order for costs. Ultimately, the court dismissed Nilsson's application for costs.

Nilsson's application for an order for costs under the Costs in Criminal Cases Act was dismissed.