R v McIver (No. 2)

In the case of R v McIver (No. 2), the respondent sought a certificate under section 2 of the Costs in Criminal Cases Act 1967 (NSW), aiming to recover costs incurred in various stages of the legal proceedings. The primary dispute centred around the appropriateness and extent of the costs that could be claimed in the criminal proceedings against the accused. The application was considered by the court, which had to determine whether the costs incurred during different phases of the case were justified and should be borne by the respondent.

The legal issues that the court had to decide included whether the costs claimed were reasonable and necessary, and whether the application for a certificate extended to proceedings before multiple judges and the Court of Criminal Appeal was warranted. The court also needed to consider whether the costs incurred during the trial that resulted in the acquittal of the accused should be certified.

The court found that the costs claimed were reasonable and necessary, but the application for a certificate that would extend to proceedings before multiple judges, including the Court of Criminal Appeal, was refused. The court granted a certificate for the costs incurred during the trial that led to the accused's acquittal. The court's reasoning was based on the specific provisions of the Costs in Criminal Cases Act 1967 (NSW), which dictated that costs should be assessed based on the stage of the proceedings where the significant legal work was performed. Since the trial was the pivotal stage in this case, the costs associated with it were deemed appropriate for certification.

The final orders of the court were to refuse the application for a certificate that would cover proceedings before Whitford SC DCJ, Judge N Williams, the Court of Criminal Appeal, and Hanley SC DCJ for the determination of bail. However, the court granted a certificate for the costs incurred during the trial that resulted in the acquittal of the accused.