Petroulias v Wills [2003] NSWSC 106

Reported Decision : 138 A Crim R 182

New South Wales Supreme Court

CITATION : Petroulias v Wills [2003] NSWSC 106 HEARING DATE(S) : 24 February 2003 JUDGMENT DATE : 3 March 2003

JUDGMENT OF : Simpson J DECISION : 1. leave to appeal granted; 2. appeal allowed in part; 3. the order of the magistrate committing the applicant for trial on a charge under s29D of the Crimes Act 1914 (Cth) quashed; 4. appeal otherwise dismissed; 5. respondent to the pay the applicant's costs of and incidental to the appeal, including the application for leave to appeal; 6. respondent to pay the applicant's costs of and incidental to the committal proceedings, so far as those costs were incurred in relation to the charge under s29D.

CATCHWORDS : application for leave to appeal against order for committal for trial - s104 Justices Act 1902 - charge of defrauding the Commonwealth - Essenbourne Pty Ltd v Commissioner of Taxation [2002] FCA 1577 (unreported, 17 December 2002) - necessity to prove Commonwealth deprived of something of value - costs of or incidental to the proceedings giving rise to the appeal - costs of or incidental to the appeal ss 41A & 104(3) Justices Act 1902 LEGISLATION CITED : s29D Crimes Act 1914 (Cth) s76 Supreme Court Act 1970 Basha v R (1989) 39 A Crim R 337 CASES CITED : Essenbourne Pty Ltd v Commissioner of Taxation [2002] FCA 1577 (unreported, 17 December 2002) Petroulias v Wills [2002] NSWSC 1190, unreported PARTIES : Nikytas Nicholas Petroulias - Applicant Gary Andrew Wills - Respondent FILE NUMBER(S) : SC 12242/02 COUNSEL : R Richter QC - Appellant PS Hastings QC with CP Hoy - Respondent SOLICITORS : W Coady - Applicant Commonwealth Director of Public Prosecutions - Respondent