NSW Caselaw
New South Wales Court of Appeal
CITATION: KNAGGS v DIRECTOR OF PUBLIC PROSECUTIONS [2007] NSWCA 232
HEARING DATE(S): Application on papers
JUDGMENT DATE: 4 September 2007
JUDGMENT OF: Mason P; Tobias JA; Campbell JA
DECISION: (1) Order 1 made 11 April 2007 be amended to read "Proceedings dismissed".; (2) Notice of Motion filed 29 May 2007 dismissed with costs.
CATCHWORDS: PRACTICE AND PROCEDURE – application to set aside judgment before entry of judgment– "slip rule" – inherent jurisdiction of court to avoid injustice in working its own procedures – whether Court failed to address arguments put – Uniform Civil Procedure Rules 2005, rr 36.16, 36.17 - STATUTES – Acts of parliament – interpretation – generalia specialibus non derogant
Civil Procedure Act 2005 LEGISLATION CITED: Criminal Procedure Act 1986 Jervis' Act 1848 Uniform Civil Procedure Rules 2005
Autodesk Inc v Dyason (1993) 176 CLR 300 Johnson v Miller (1937) 59 CLR 467 CASES CITED: Knaggs v Director of Public Prosecutions [2007] NSWCA 83 Smith v NSW Bar Association (1992) 176 CLR 256 State Rail Authority of NSW v Codelfa Construction Pty Ltd (1982) 150 CLR 29
PARTIES: Douglas Knaggs - Claimant Director of Public Prosecutions - Opponent
FILE NUMBER(S): CA 40587/06
SOLICITORS: Douglas Knaggs - Applicant Director of Public Prosecutions - Opponent
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40587/06
MASON P TOBIAS JA CAMPBELL JA
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