Bublitz v R

The appeal was brought by two of the five defendants charged with multiple criminal counts in relation to the collapse of two finance companies, Viaduct Capital Ltd and Mutual Finance Ltd. The charges arose from the Crown’s case that the defendants breached limitations on related party transactions in the trust deeds and Crown guarantees. The defendants pleaded not guilty, but the trial was aborted after nine months by Woolford J due to “extensive” and “unprecedented” late disclosure by the Crown. The defendants applied for costs. The Judge awarded Mr Morrison $75,000 under s 5 of the Costs in Criminal Cases Act 1967 and made an award of $50,000 under s 364 of the Criminal Procedure Act 2011 to be split five ways between the four defendants and the Crown. Mr Bublitz and Mr Morrison appealed the quantum of the awards. The appeal raised five issues. The first three issues arose on Mr Bublitz’s appeal. The latter two on Mr Morrison’s. Mr Bublitz’s appeal was dismissed. Mr Morrison’s appeal was dismissed. There was no order made as to costs.