Will v Brighton (No 2) [2021] NSWCA 8

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Will v Brighton (No 2) [2021] NSWCA 8 Hearing dates: On the papers Date of orders: 12 February 2021 Decision date: 12 February 2021 Before: Bell P; Basten JA; Simpson AJA Decision: (1) Upon the Applicant agreeing not to press that part of her application for leave to appeal seeking to set aside order 3 of the orders of Rothman J on 23 April 2020, grant leave to appeal. (2) Allow the appeal from orders 2 and 4 made by Rothman J on 23 April 2020. (3) Remit the matter to the Local Court to be determined in accordance with law. (4) No order as to costs of the appeal. Catchwords: APPEAL – application for leave to appeal – orders – where grant of application for leave to appeal conditioned on applicant agreeing not to press for an order setting aside the quashing of the conviction of the respondent – where resulting orders of Court of Appeal set aside an order allowing an appeal against conviction but also set aside an order dismissing charges under s 530(1) of the Crimes Act 1900 (NSW) and remit the matter to the Local Court for determination in accordance with law in circumstances where no express finding had been made in relation to the mental element of the charges preferred. COSTS – where mixed outcome of proceedings in Court of Appeal – costs in the discretion of the Court – no order as to costs. Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) s 530(1) Suitors' Fund Act 1951 (NSW) Cases Cited: Brighton v Will (No 2) [2020] NSWSC 925 Category: Consequential orders Parties: Natalie Will (Applicant) Daniel Brighton (Respondent) Representation: Counsel: