NSW Caselaw
New South Wales Supreme Court
CITATION : Director-General NSW Department of Primary Industries v Richard Bagnall [2007] NSWSC 1388 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19 November 2007
JUDGMENT DATE : 29 November 2007
JUDGMENT OF : Fullerton J
DECISION : 1. The Magistrate erred in concluding that she had no jurisdiction to hear the proceedings.; 2. I remit the proceedings back to the Local Court to be dealt with according to law.; 3. I make no order as to costs.
CATCHWORDS : PRACTICE AND PROCEDURE - Statutory interpretation - Service of Court Attendance Notices by post - Residential premises and usual place of residence
Crimes (Appeal and Review) Act 2001 LEGISLATION CITED : Criminal Procedure Act 1986 Fisheries Management Act 1994
Di Natale & Anor v Kelly [2006] NSWCCA 201; (2006) 66 NSWLR 130 CASES CITED : Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Re Taylor; Ex parte Natwest Australia Bank Ltd (1992) 37 FCR 194 Sharman v Director of Public Prosecutions [2006] NSWSC 135; (2006) 161 A Crim R 1
PARTIES : Director-General NSW Department of Primary Industries Richard Bagnall
FILE NUMBER(S) : SC 2007/12459
COUNSEL : DK Jordan/M Daniels TM Healey
SOLICITORS : Crown Solicitor Bilbie Dan
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Trad LCM
LOWER COURT DATE OF DECISION : 23 April 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CIVIL LIST
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