NSW Caselaw
New South Wales Supreme Court
CITATION : DPP v Geraghty & Ors [2000] NSWSC 228 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 11375 of 1997 HEARING DATE(S) : 16/03/2000; 23/03/2000 JUDGMENT DATE : 23 March 2000
Director of Public Prosecutions (Cth) (respondent/plaintiff) Kevin Michael Geraghty (1st defendant) PARTIES : Maree Patricia Woodcroft (aka Marie Patricia Woodcroft) (applicant/2nd defendant) John Francis Magee (applicant/3rd defendant) Anthony Peter Woodcroft (applicant/4th defendant) JUDGMENT OF : Hidden J at 1
COUNSEL : S J Motbey (applicants) P Brereton SC and M Cinque (respondent) SOLICITORS : Barry Geraghty (applicants) Cth Director of Public Prosecutions (respondent) CATCHWORDS : PROCEDURE - Motion to single judge to set aside interlocutory order of another judge - claim that order made without jurisdiction - whether one judge of a division has power to set aside the order of another judge in those circumstances Supreme Court Act 1970 LEGISLATION CITED : Supreme Court Rules 1970 Proceeds of Crime Act 1987 (Cth) Douglas v John Fairfax & Sons Ltd (1983) 3 NSWLR 126 CASES CITED : NSW Crime Commission v Gardiner (unreported 3 December 1999) Brennan v Brennan (1953) 89 CLR 129 Wilkshire and Coffey v Cth of Australia (1976) 9 ALR 325 DECISION : Motion dismissed with costs (see paragraphs 12, 19 & 20)
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HIDDEN J
Thursday 23 March 2000
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