NSW Caselaw
New South Wales Supreme Court
CITATION : Kew v Commissioner of Fair Trading and Robinson; Robinson v Kew [2007] NSWSC 394 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 18/09/06 - 21/09/06
JUDGMENT DATE : 1 May 2007
JUDGMENT OF : Adams J at 1
DECISION : The commencement of proceedings was valid and the proposed amendments should have been permitted.
CATCHWORDS : Prosecutions in Local Court - whether authorised under Fair Trading Act 1987 - character of prosecutions - whether authorised by s14 Criminal Procedure Act 1986 - difference between public and private prosecution - significance of delegation by authorised person - whether prosecutor acting in official capacity - significance of not doing so.
Crimes Act 1900 Crimes (Local Courts Appeal and Review) Act 2001 Criminal Procedure Act 1986 LEGISLATION CITED : Fair Trading Act 1987 Interpretation Act 1987 Public Sector Employment and Management Act 2002. Landlord and Tenant (Rental Bonds) Act 1977
CASES CITED : Garrett v Freeman [2006] NSWCCA 278
Michael Owen Kew (Plaintiff) Commissioner of Fair Trading (First Defendant) PARTIES : Stephen Robinson (Second Defendant) Stephen Robinson (Plaintiff) Michael Owen Kew (Defendant)
FILE NUMBER(S) : SC 14160/05; 15876/05
COUNSEL : Kew: Dr G Flick SC/ Mr S Dewberry Robinson: Mr R Cogswell SC/ Mr J Kirk
SOLICITORS : Kew: Rhodens Legal Practitioners Robinson: Crown Solicitor's Office
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