An appeal pursuant to s 222 of the Justices Act 1886 (Qld) against a decision that the OWHSP pay Mr Kouzoukas’ costs of the proceedings. The initial hearing involved the successful defence of Mr Kouzoukas against a charge relating to contravention of the Electrical Safety Act 2002. An order was subsequently made pursuant to section 158A of the Justices Act 1886 (Qld) that the OWHSP pay Mr Kouzoukas’ costs. That decision was the subject of the appeal.
The OWHSP argued that the learned Magistrate erred in awarding costs in favour of Mr Kouzoukas because his Honour failed to take into account several issues. Firstly, that the prosecution was brought and continued in good faith; secondly, that the OWHSP was not given notice of the intended expert evidence to be led by the defence; and thirdly, that the expert had been retained by Mr Kouzoukas, but called for cross examination by the prosecution.
Smith DCJA ultimately dismissed the appeal and found that the Magistrate was correct in making the order.
Kristi Riedel appeared for the appellant, instructed by the Office of the Work Health Safety Prosecutor.
The judgment is available here.