Sasterawan v Morris [2008] NSWCA 70

New South Wales Court of Appeal

CITATION: Sasterawan v Morris [2008] NSWCA 70

HEARING DATE(S): 5 March 2008

JUDGMENT DATE: 24 April 2008

JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; McClellan CJ at CL at 104

(a) That District Court Proceedings No. 05/22/0149 in the Matter of the Appeal of Wahyu Sasterawan be removed into the Court of Appeal; (b) That the orders made by Nicholson DCJ in the said proceedings on 7 September 2005 be quashed; DECISION: (c) That the said proceedings be remitted to the District Court for rehearing; (d) That the costs of the hearing before the Local Court and Nicholson DCJ be reserved for determination on the remitted hearing of the appeal; (e) That the first opponent pay the claimant's costs of the second amended summons filed in this Court on 5 December 2007.

CATCHWORDS: Certiorari – Application pursuant to s 69 Supreme Court Act 1970 – Common law duty to give reasons for decision – Whether failure to give reasons error of law – Whether failure to give reasons jurisdictional error – Whether party could request primary judge to amend or supplement reasons prior to entry of judgment – Whether primary judge failed to find essential element of charge proven – Whether primary judge misstated burden of proof – Whether Court should exercise discretion to grant relief in nature of certiorari – Considerations for exercise of discretion to grant relief – Whether errors of law should have been submitted as questions of law in case stated from District Court pursuant to s 5B Criminal Appeal Act 1912.

Crimes Act 1900 (NSW) s 178BB Crimes (Appeal and Review) Act 2001 (NSW) s 11, s 20 LEGISLATION CITED: Criminal Appeal Act 1912 (NSW) s 5B Supreme Court Act 1970 (NSW) s 46, s 69 Supreme Court Rules (NSW) Pt 51 r 5