Solomons v District Court of New South Wales

The applicant, Solomons, sought a writ of prohibition against the District Court of New South Wales. The dispute concerned the ability of the District Court, when exercising federal jurisdiction in a trial for a Commonwealth offence, to grant a certificate for costs under the *Costs in Criminal Cases Act 1967* (NSW).

The central legal issue before the Court of Appeal was whether the *Costs in Criminal Cases Act 1967* (NSW) applied to proceedings conducted in a State court exercising federal jurisdiction, specifically in relation to a prosecution for a Commonwealth offence. This involved an interpretation of the interplay between the *Costs in Criminal Cases Act 1967* (NSW) and provisions of the *Judiciary Act 1903* (Cth), particularly sections 39, 68, and 79.

The Court of Appeal held that the *Costs in Criminal Cases Act 1967* (NSW) did apply to such proceedings. It reasoned that section 79 of the *Judiciary Act 1903* (Cth) incorporates the laws of the State in which the federal court is held, including laws relating to costs, unless inconsistent with a Commonwealth law. The Court found no inconsistency between the NSW Act and the *Judiciary Act 1903* (Cth) in this context. Therefore, the District Court had the power to entertain an application for costs under the NSW Act.

The summons was dismissed with costs.