JD v Director of Public Prosecutions & Ors (2000) NSWSC 1092

Greg Walsh represented the plaintiff in respect of a decision not to award costs to the plaintiff consequent upon his being discharged in respect of charges of sexual assault involving his daughter. The Magistrate had held that it was not an appropriate matter in which to award costs. Hidden J held that the Magistrate had fallen into error and that it was a matter in which costs ought to have been awarded. Hidden J reviewed the circumstances in which it was appropriate to award costs pursuant to the provisions of the Justices Act 1902 as amended.