Sim v Magistrate Corbett & Anor [2006] NSWSC 665

New South Wales Supreme Court

CITATION : Sim v Magistrate Corbett & Anor [2006] NSWSC 665

HEARING DATE(S) : 26/06/06

JUDGMENT DATE : 12 July 2006

JUDGMENT OF : Whealy J at 1

DECISION : The orders are as follows: 1. An order pursuant to s 69 of the Supreme Court Act 1970 directing the first defendant to consider, according to law, applications that particular persons be directed to attend committal proceedings of the appellant to give oral evidence. 2. An order quashing the orders made by the first defendant on 16 March 2006 whereby Magistrate Corbett declined to direct that the particular persons attend. 3. I remit the matter to the first defendant to deal with the further conduct of the committal in accordance with these reasons. 4. The second defendant is to pay the costs of the appellant.

CATCHWORDS : Criminal Law: Committal proceedings - direction under s 91 of Criminal Procedure Act 1986 that witnesses attend - substantial reasons - whether constructive failure to exercise jurisdiction - when order in nature of Mandamus should issue - adequacy of reaons for failure to give direction

Crimes Act 1900 Crimes (Local Courts Appeal & Review) Act 2001 LEGISLATION CITED : Criminal Procedure Act 1986 Supreme Court Act 1970 Justice Act 1902

DPP v Losurdo (1998) 44 NSWLR 618 Hanna v Kearney & Anor (1998) NSWSC 227 Leahy v Price & Anor (Adams J unreported 28 September 1988) Losurdo v DPP & Anor (Hidden J unreported 10 March 1998) CASES CITED : McKirdy v McCosker [2002] 127 A Crim R 217 per Howie J DPP (NSW) v O'Connor [2006] NSWSC 458 at (42) per Johnson J Acuthan v Coates (1986) 6 NSWLR 472 at 479 Cross v Mc Hugh (1974) 1 NSWLR 5000 Manning v Thompson (1979) 1 NSWLR 384