The Treasurer State of New South Wales v Antonio Iannelli

The Treasurer of New South Wales sought judicial review of a decision made by a District Court judge concerning an application for costs under the *Costs in Criminal Cases Act 1967* (NSW). The applicant, Mr Antonio Iannelli, had been acquitted of criminal charges. He subsequently applied to the District Court for an order that the Treasurer pay his costs incurred in defending those charges. The judge made an order in favour of Mr Iannelli, directing the Treasurer to pay a significant portion of his legal costs. The Treasurer sought to quash this order by way of certiorari, alleging jurisdictional error.

The primary legal issue before the Court of Appeal was whether the District Court judge had made a jurisdictional error in making the costs order. Specifically, the Treasurer contended that the judge had erred in law on the face of the record by misinterpreting and misapplying the provisions of the *Costs in Criminal Cases Act 1967*. The Treasurer argued that the judge's interpretation of the Act led to an erroneous conclusion regarding the circumstances under which costs could be awarded against the Crown, thereby exceeding the judge's lawful authority.

The Court of Appeal considered the scope of judicial review for jurisdictional error, particularly in the context of errors of law on the face of the record. The Court analysed the relevant provisions of the *Costs in Criminal Cases Act 1967* and the established principles governing the award of costs against the Crown in criminal proceedings. After reviewing the evidence and the judge's reasons, the Court concluded that the judge had not made a jurisdictional error. The Court found that the judge's interpretation and application of the Act, while perhaps arguable, did not amount to an error of law that vitiated the jurisdiction of the District Court to make the costs order.

The appeal was accordingly dismissed.