NSW Caselaw
46 NSWLR 148 162 ALR 248 Reported Decision : 149 FLR 342 104 A Crim R 282 104 A Crim R 282
New South Wales Supreme Court CITATION : Application of Pearson [1999] NSWSC 143 revised - 29/03/99 CURRENT JURISDICTION : Criminal FILE NUMBER(S) : 70016/98 HEARING DATE(S) : 11/8/98; 16/1198 JUDGMENT DATE : 4 March 1999
Neil Harold Pearson PARTIES : Neil Pearson & Company Limited Neil Pearson & Company Limited JUDGMENT OF : Wood CJatCL
I. Bourke for Applicant COUNSEL : P. Roberts for Australian Government Solicitor N. Abadee for Attorney General of NSW R.J. Benson for Applicant P. Swinton (Australian Government Solicitor) SOLICITORS : Crown Solicitors (NSW)
CATCHWORDS : CRIMINAL LAW - jurisdiction - application for inquiry into conviction under Part 13A Crimes Act 1900 s 474D - whether person convicted of summary offence can bring application - whether person convicted to offence under Federal lawcan bring application - whether power exercisable under s 474E(1) is picked up by S68 Judiciary Act in relation to federal offences. Customs Act 1901 (Cth) s 234 Crimes Act 1900(NSW) ss 474D 474E 474L Crimes act 1914 (Cth) Pt VII C Criminal Appeal Act 1903 (Cth) ss 3 ACTS CITED : 39 68 78B Judiciary Act 1903 (Cth) ss 3 39 68 78B Jusrtice Act 1902 Pt 4A DECISION : (1) Application allowed;; (2) Parties to make submissions on costs if desired;; (3) Defer question whether matter to be referred to Court of Criminal Appeal, pending appeal from this judgment.
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