The Queen v Payara

The case of The Queen v Payara involved the accused being charged with aggravated people smuggling under the Migration Act 1958 (Cth). The case was referred to the court from the County Court of Victoria, which had posed three questions of law to the higher court. These questions were rendered obsolete due to the introduction of retrospective Commonwealth legislation that amended the Migration Act 1958 (Cth). The primary legal issue before the court was whether it had the authority to order costs against the Crown. This issue was examined under sections 302 of the Criminal Procedure Act 2009 and section 24 of the Supreme Court Act 1986.

The court considered the statutory provisions and concluded that neither section empowered it to order costs against the Crown. The court found that the statutory framework did not provide for such an order, and thus, the application for costs was refused. The reasoning was based on the interpretation of the relevant statutory provisions and the understanding that the Crown’s financial liability in such matters is not subject to judicial determination through the imposition of costs.

No further orders were made beyond the refusal of the application for costs. The court's decision underscored the limitations of judicial power in ordering costs against the Crown and reaffirmed the statutory provisions governing such matters. The final orders were to dismiss the application for costs against the Crown.