NSW Caselaw
New South Wales Court of Appeal
CITATION : Potier v District Court of New South Wales & Anor [2004] NSWCA 303 HEARING DATE(S) : 26/08/04 JUDGMENT DATE : 26 August 2004
JUDGMENT OF : Ipp JA at 1; Tobias JA at 14; Wood CJatCL at 15 DECISION : Application dismissed with costs.
CATCHWORDS : ADMINISTRATIVE LAW - Application for writ of certiorari to quash criminal convictions - Application for declaration that criminal trial was a nullity - Alleged non-disclosure by Crown of information relevant to the claimant's defence - Certiorari as a discretionary remedy - Relevance of alternative remedies - Where full rights of appeal available - Application dismissed. ND LEGISLATION CITED : Felons (Civil Proceedings) Act 1981 (NSW), s 4 CASES CITED : Clarkson v The Director of Public Prosecutions [1990] VR 745 Richards v Smyth (unreported, NSWCA, 24 December 1985) Malcolm Huntley Potier (Claimant) PARTIES : District Court of New South Wales (First Opponent) Director of Public Prosecutions (NSW) (Second Opponent) FILE NUMBER(S) : CA 40492/04 In Person (Claimant) COUNSEL : No Appearance (First Opponent) P Power (Second Opponent) SOLICITORS : I V Knight, Crown Solicitor (First Opponent) S C Kavanagh (DPP, NSW) (Second Opponent)
LOWER COURT District Court JURISDICTION : LOWER COURT 00/21/3216 FILE NUMBER(S) : LOWER COURT Hosking DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40492/04 DC 00/21/3216
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