NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR GLENN STEWART WILSON V/S COMMISSIONER OF POLICE, NEW SOUTH WALES POLICE FORCE, ET AL. CASE

Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25:

1. In 2018, the plaintiff was charged with knowingly give false information to a public authority contrary to s 307B(1) of the Crimes Act 1900 (NSW), with a backup charge of failure by a responsible person to disclose driver's details contrary to s 177(1) of the Road Transport Act 2013 (NSW). The plaintiff pleaded not guilty to those charges. A trial, interrupted by the COVID-19 pandemic, took place at Parkes on 16 February 2021 and 17 February 2021, via AVL at Sydney on 17 November 2021, and at Parkes on 19 October 2022 and 1 November 2022. On 20 February 2023, her Honour McCarron LCM dismissed the charges. An application was made for costs pursuant to both the Costs in Criminal Cases Act 1967 (NSW) and the Criminal Procedure Act 1986 (NSW) ("the CP Act"). That application was refused on 2 May 2023. The plaintiff filed a Summons for Judicial Review in the Supreme Court which came before Ierace J on 13 February 2024. By consent, her Honour's decision of 2 May 2023 was quashed, and the plaintiff's costs application was remitted to her Honour. On 13 June 2024, there was a remitted costs hearing before her Honour. The plaintiff claimed professional costs in the amount of $122,392.64. On 13 August 2024, her Honour granted the plaintiff's costs application and ordered that the defendant pay the plaintiff's professional costs pursuant to ss 213 and 214 of the CP Act in the amount of $41,196.32 ("the Costs Decision"). On 11 November 2024, the plaintiff filed a summons in the Supreme Court seeking judicial review of the Costs Decision.

2. The plaintiff seeks the following orders:-

1) Order that the Magistrate's decision be varied to pay the full legal professional costs claimed of $122,392.64.

2) Order that the NSW Police Prosecution under the NSW Police Commissioner pay the plaintiff $81,196.32.

3) Order that the NSW Police Prosecution under the NSW Police Commissioner pay the plaintiff the total court fees payable to the NSW Supreme Court for this judicial review.

3. The plaintiff appeared unrepresented. Mr Reynolds appeared for the first defendant. The second defendant filed a submitting appearance.

4. For the reasons that follow, I dismiss the plaintiff's application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1983b030d6da4df5d40d8fde)

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