NSW Caselaw
Reported Decision : 202 FLR 316
New South Wales Supreme Court
CITATION : HEALEY v COMMISSIONER OF TAXATION [2006] NSWSC 853
HEARING DATE(S) : 21 August 2006
JUDGMENT DATE : 22 August 2006
JURISDICTION : COMMON LAW
JUDGMENT OF : Rothman J at 1
DECISION : (a) Leave to appeal is granted; (b) Pursuant to the terms of s.53(3)(b) of the Crimes (Local Courts Appeal and Review) Act 2001, the order of his Honour B Lulham LCM, made on 17 May 2006 granting leave to amend the name of the defendant in the proceedings prosecuted by the Commissioner of Taxation against Gregory Harrison Healey is quashed; (c) The application to amend is remitted to the Local Court to be dealt with in accordance with law.
CATCHWORDS : Practice and Procedure - Appeal from Magistrate - Discretion to amend Court Attendance Notice to correct spelling of name of party - Injustice, meaning of - Broad considerations - Magistrate impermissibly confining or excluding relevant factors
Crimes Act 1914 (Cth) Crimes (Local Courts Appeal and Reivew) Act 2001 LEGISLATION CITED : Criminal Procedure Act 1986 (NSW) Judiciary Act 1903 (Cth) Taxation Administration Act 1953 (Cth) Interpretation Act
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 655 CASES CITED : Saraswati v R (1991) 172 CLR 1 House v R (1936) 55 CLR 499
PARTIES : P - Gregory Harrison Healey D - Commissioner of Taxation
FILE NUMBER(S) : SC 12764/2006
COUNSEL : P - Mr T D F Hughes
SOLICITORS : P - Ms Joanna Brouwer D - Mr T Saunders
LOWER COURT JURISDICTION : Local Court
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