Vassallo v Commissioner of Fines Administration [2024] NSWSC 1558

Supreme Court New South Wales

Medium Neutral Citation: Vassallo v Commissioner of Fines Administration [2024] NSWSC 1558 Hearing dates: 26 November 2024 Date of orders: 26 November 2024 Decision date: 26 November 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) The decision of the Local Court of New South Wales made on 21 November 2023 in proceeding 2023/00338589 is quashed. (2) The first defendant is to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – Judicial review of decision of Local Court Magistrate to dismiss application under s 50(1) of the Fines Act 1996 (NSW) – Where first defendant accepts that the Local Court Magistrate mistook the scope of the Court's function and committed a jurisdictional error – Where Court must satisfy itself that the orders sought should be made – Jurisdictional error established – Decision of the Local Court quashed Legislation Cited: Fines Act 1996 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Kovalev v Minister for Immigration & Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Rodger v De Gelder (2015) 71 MVR 514; [2015] NSWCA 211 Category: Principal judgment Parties: Joseph-Sid Vassallo (Plaintiff) Commissioner of Fines Administration (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: E Jones (First Defendant)

Solicitors: Plaintiff (In person) NSW Crown Solicitor's Office (First Defendant) File Number(s): 2023/00458429 Publication restriction: Nil