NSW Caselaw
New South Wales Supreme Court
CITATION : Commissioner of Police v Chidgey & Anor [2007] NSWSC 417
HEARING DATE(S) : 30/04/2007
JUDGMENT DATE : 1 May 2007
JUDGMENT OF : Associate Justice Malpass
DECISION : In my view, this Court does not have jurisdiction to entertain this appeal from the plaintiff. The plaintiff is ordered to pay the costs of the first defendant to date.
CATCHWORDS : Magistrate determines application to have subpoena for production set aside in part - purported appeal to this Court against that decision - challenge to jurisdiction to hear such an appeal - jurisdiction restricted to appeals from defendants and prosecutors
Crimes (Appeal and Review) Act 2001 (NSW) LEGISLATION CITED : Interpretation Act 1987 (NSW) Justices Act 1902 (NSW) Law Enforcement (Controlled Operations) Act 1997 (NSW)
CASES CITED : AMD Far East and Ors v Doan and Anor [2004] NSWSC 78 Silk Bros Pty Ltd v State Electricity Commission of Victoria (1943) 67 CLR 1
Commissioner of Police PARTIES : Dylan Chidgey Director of Public Prosecutions
FILE NUMBER(S) : SC 14058/06
COUNSEL : Mr S. Free (Pl) Mr T. Robinson / Ms L. Goodchild (1st Def)
SOLICITORS : Crown Solicitors (Pl) Intercept Law (1st Def)
LOWER COURT JURISDICTION : Local Court
LOWER COURT FILE NUMBER(S) : 122/06
LOWER COURT JUDICIAL OFFICER : Cocks LCM
LOWER COURT DATE OF DECISION : 21/7/2006
LOWER COURT MEDIUM NEUTRAL CITATION : Director of Public Prosecutions v Dylan Graemme Chidgey
- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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