R v Bushell; R v Tozer (No 19)

The defendants, Bushell and Tozer, were convicted of criminal offences in the Local Court of New South Wales. The applicants sought a review of their costs orders, arguing that they were unable to pay the costs as they had been granted a certificate under the Suitors’ Fund Act 1951 (NSW) due to the discharge of the jury without any fault of the parties. The matter was brought before the Supreme Court of New South Wales. The key legal issue before the court was whether the grant of a certificate under the Suitors’ Fund Act 1951 (NSW) entitled the applicants to a discharge of costs in circumstances where the jury was discharged without any fault of the parties.

The court considered the provisions of the Suitors’ Fund Act 1951 (NSW) and relevant case law. The court found that the purpose of the Act was to ensure that applicants who were unable to pay costs due to circumstances beyond their control could still access the courts. The court held that the discharge of the jury without any fault of the parties was a circumstance beyond the control of the applicants. The court held that the applicants were entitled to a discharge of costs under the Act. The court noted that the grant of a certificate under the Act was not a prerequisite to a discharge of costs, but rather a factor to be considered in determining whether the applicant was unable to pay costs.

The court ordered that the costs orders against the applicants be discharged. The court noted that the applicants had demonstrated that they were unable to pay the costs due to the discharge of the jury without any fault of the parties. The court held that the applicants were therefore entitled to a discharge of costs under the Suitors’ Fund Act 1951 (NSW). The court did not make any orders as to costs.