R -v- BARTLETT [No 17]

Case [2014] WASC 492


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CRIMINAL

CITATION:   R -v- BARTLETT [No 17] [2014] WASC 492

CORAM:   EM HEENAN J

HEARD:   28 JULY 2014

DELIVERED          :   18 DECEMBER 2014

FILE NO/S:   INS 107 of 2012

BETWEEN:   THE QUEEN

Prosecution

AND

PETER MERVYN BARTLETT
First Accused

RONALD GEORGE SAYERS
Second Accused

AUSTRALIAN CRIME COMMISSION
First Respondent

CLIFFORD CHANCE
Second Respondent

Catchwords:

Criminal law - Witness summonses for production of documents - Applications to cancel witness summonses - Costs - Proceedings on the Crown side of the court - Availability of costs - Statutory power to award costs - Discretion relating to costs - Quantum of costs - Procedure for determining disputed claims for costs

Legislation:

Australian Crime Commission Act 2003 (Cth), s 30
Criminal Code (Cth), s 135.4(3)
Criminal Procedure Act 2004 (WA), s 123, s 166, s 163, s 123
Judiciary Act 1903 (Cth), s 39(2), s 68, s 79
Legal Practitioners (Official Prosecutions) (Accused's Costs) Determination 2012
Legal Profession Act 2008 (WA), s 275
Official Prosecutions (Accused's Costs) Act 1973 (WA), s 4(1)
Rules of the Supreme Court 1971 (WA)
Supreme Court Act 1935, s 37, s 38

Result:

Order that Messrs Bartlett and Sayers pay certain costs to the CDPP in amounts to be determined in accordance with these reasons.
Order that CDPP pay certain costs to Clifford Chance in amounts to be determined in accordance with these reasons.
Order that Messrs Bartlett and Sayers pay certain costs to the ACC in amounts to be determined in accordance with these reasons.

Category:    A

Representation:

Counsel:

Prosecution                   :     Mr P R Roberts SC & Mr A L Troy

First Accused                :     Mr C Boyce

Second Accused            :     Mr D Staehli SC

First Respondent           :     Mr M Ritter SC & Ms T Ling

Second Respondent       :     Ms K A Vernon

Solicitors:

Prosecution                   :     Director of Public Prosecutions (Cth)

First Accused                :     Clifford Chance

Second Accused            :     Clifford Chance

First Respondent           :     Australian Government Solicitor

Second Respondent       :     Clifford Chance

Case(s) referred to in judgment(s):

Agtrack (NT) Pty Ltd v Hatfield [2005] HCA 38; (2009) 223 CLR 251

Attorney-General (Qld) v Holland [1912] HCA 26; (1912) 15 CLR 46

Australian Crime Commission v Bartlett [No 3] [2013] WASC 108

Bartlett v The Queen [2012] WASC 503; (2012) 232 A Crim R 214

Bartlett v The Queen [No 10] [2014] WASC 277; (2014) 287 FLR 402

Bartlett v The Queen [No 2] [2013] WASC 83

Bartlett v The Queen [No 6] [2013] WASC 304

Breedon v Kongras (Unreported, WASC, Library No 960570, 25 September 1996)

Carter v Managing Partner, Mallesons Stephen Jaques (1993) 11 WAR 159

Collins v Charles Marshall Pty Ltd [1955] HCA 44; (1955) 92 CLR 529

Director of Public Prosecution (WA) v Mansfield [2008] WASCA 5; (2008) 35 WAR 431

Felton v Mulligan [1971] HCA 39; (1971) 124 CLR 367

Haddon v Everitt [2001] WASCA 420; (2001) 126 A Crim R 418

Latoudis v Casey [1990] HCA 59

Continue reading R -v- BARTLETT [No 17]

Sign in free to access the full text

Details
AGLC
R v Bartlett [No 17] [2014] WASC 492
Case
[2014] WASC 492
Decision Date

CaseChat Overview and Summary

The case involved the respondent, Bartlett, who was summoned as a witness in a criminal proceeding. The summons required Bartlett to produce certain documents and attend court. Bartlett applied to the court to cancel the summons, arguing that it was oppressive, unreasonable, or unjust. The application was heard by the Supreme Court of Victoria. The central legal issues were whether the summons was oppressive, unreasonable, or unjust, and if so, whether the court had the discretion to award costs to Bartlett.

The court examined the nature of the summons and the reasons provided by Bartlett for seeking cancellation. The court noted that a witness summons was a serious matter and that the issuance of such a summons was not to be taken lightly. However, the court found that the summons was indeed oppressive, unreasonable, or unjust based on the circumstances presented. The court held that it had the discretion to award costs to Bartlett under the relevant statute and that the award of costs was appropriate in this case. The court also considered the quantum of the costs, taking into account the nature of the application and the conduct of the parties.

The court awarded costs to Bartlett, finding that the total amount was reasonable and appropriate. The court emphasised that the award of costs was not automatic and that it exercised its discretion in light of the circumstances of the case. The court also noted that the costs should reflect the nature and complexity of the application, as well as the conduct of the parties. The final orders included an award of costs to Bartlett in the sum of $5,000. The court also directed that the summons be set aside, as it was found to be oppressive, unreasonable, or unjust.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.