The Treasurer State of New South Wales v Antonio Iannelli & Anor [1999] NSWCA 15

New South Wales Court of Appeal CITATION : The Treasurer State of New South Wales v Antonio Iannelli & Anor [1999] NSWCA 15 FILE NUMBER(S) : CA 40442/98 HEARING DATE(S) : 9 February; 1999 JUDGMENT DATE : 9 February 1999

The Treasurer in and for the State of New South Wales PARTIES : v Antonio Iannelli & Anor JUDGMENT OF : Meagher JA at 36; Handley JA at 1; Fitzgerald AJA at 37

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 96/11/0176 LOWER COURT JUDICIAL OFFICER : Horler ADCJ

J H Wallach (Appellant) COUNSEL : B Rigg (First Respondent) Submitting Appearance (Second Respondent) SOLICITORS : I V Knight (Appellant) Hillman Mura (Respondent) CATCHWORDS : ADMINISTRATIVE LAW - judicial review - certiorari - jurisdictional error - error of law on the face of the record - Costs in Criminal Cases Act 1967 ACTS CITED : Costs in Criminal Cases Act 1967 Crimes Act 1900 DECISION : Dismissed

1 THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40442/98 96/11/0176

MEAGHER JA HANDLEY JA FITZGERALD AJA

Tuesday 9 February 1999

THE TREASURER IN AND FOR THE STATE OF NEW SOUTH WALES v ANTONIO IANNELLI & ANOR

ADMINISTRATIVE LAW - judicial review - certiorari - jurisdictional error - error of law on the face of the record - Costs in Criminal Cases Act 1967 The claimant sought judicial review to challenge a decision of Horler ADCJ to grant a certificate under the Costs in Criminal Cases Act 1967 to the opponent. The opponent had stood trial on four counts under s 178 BA of the Crimes Act. All counts were withdrawn from the jury and verdicts of acquittal directed. The summons sought judicial review in the nature of certiorari for error of law on the face of the record. HELD: Dismissing the summons, there was no error of law on the face of the record, and the Judge had power to grant a certificate for only half the opponent's costs. ORDERS Summons discussed with costs. THE SUPREME COURT