NEW SOUTH WALES MEAT INDUSTRY AUTHORITY v RANDALL and ANOR [1994] NSWCA 228

NEW SOUTH WALES MEAT INDUSTRY AUTHORITY v RANDALL and ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY AP, PRIESTLEY and CLARKE JJA 21 March 1994, 20 April 1994 [1994] NSWCA 228

PREROGATIVE RELIEF — Against order by District Court — Appeal under Justices Act 1902, s122 dismissed — Order that appellant pay costs — Order made in absence of appellant — Appellant not notified of date of hearing.

PRIVATIVE CLAUSE — S146 of Justices Act 1902 — Not prevent prerogative relief where no notice given of hearing.

JUSTICES ACT 1902, S122 — Notice to be given of hearing — No notice given because sent to wrong solicitor — Power of judge to proceed if s122(2C) satisfied.

QUASHING ACQUITTAL — Double jeopardy — Not apply where no hearing. DISCRETION TO REFUSE RELIEF — Circumstances not warrant refusal.

ORDERS

1. Certiorari granted.

2. First respondent to pay costs of applicant and second respondent and to have a certificate under the Suitors' Fund Act.

Mahoney JA Brian James Randall was convicted before a magistrate of breaches of the law in respect of the sale of meat and otherwise. He was fined, ordered to pay court costs, witnesses' expenses and professional costs and was no doubt involved in the payment of professional costs to his own solicitor. He appealed to the District Court under the Justices Act 1902, s122. No notice of the hearing date was given to the Meat Industry Authority or to the officer of the Authority who laid the information upon which Mr Randall was convicted.

Because of what appeared on the court papers, his Honour Judge O'Reilly QC concluded that notice had been given. Accordingly, his Honour allowed the appeal and quashed the conviction. He ordered "that the respondent pay the appellant's costs of the proceedings assessed at $1500...". The Authority has applied to this Court for relief in the nature of certiorari to quash the orders made by the learned judge.