WORTH v POLICE No. SCGRG-98-504 Judgment No. S6674

The appellant, Worth, appealed against a costs order made by a Magistrate in the Magistrates Court of South Australia. Worth was charged with three counts of common assault and one count of criminal trespass. The case involved multiple appearances and adjournments due to the appellant's failure to appear on several occasions. Eventually, the charges were withdrawn by the respondent, the South Australia Police, following discussions with the alleged victims. After the withdrawal of the charges, Worth applied for costs, which were granted by the Magistrate at $50. Worth appealed against the quantum of the costs ordered by the Magistrate, arguing that the amount was inadequate to cover his legal expenses.

The central legal issue in this appeal was whether the Magistrate's decision to award $50 in costs was reasonable, given the protracted nature of the proceedings and the appellant's conduct. The court had to consider whether the Magistrate had exercised his discretion appropriately and whether there was any substantial injustice that warranted interference by the appellate court.

The Supreme Court found that the Magistrate's order for a nominal sum of $50 was unreasonable and indicative of an error. The Court noted that the appellant had not claimed a specific figure for costs before the Magistrate but had indicated that he expected an order for costs equivalent to his counsel's fees. The Court concluded that it was appropriate to set off some of the costs incurred by the respondent due to the appellant's earlier delays but ultimately determined that the appellant's costs should be set at $650. The Court exercised its discretion and ordered that the respondent pay $650 in costs to the appellant, along with $150 for the costs of the appeal. The orders for costs were to be paid within a month.