NSW Caselaw
New South Wales Supreme Court
CITATION : Freeman v Van De Hoek [2008] NSWSC 316 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 7 April 2008
JUDGMENT DATE : 10 April 2008
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
(1) The orders of his Honour Magistrate Lucas dated 21 November 2007 are set aside. DECISION : (2) The matter is remitted to the Local Court to be determined according to law. (3) The first defendant is to pay the plaintiff's costs as agreed or assessed.
CATCHWORDS : APPEAL - JUDICIAL REVIEW - s 178 Criminal Procedure Act 1986
Criminal Procedure Act 1986 LEGISLATION CITED : Liquor Act 1982 Supreme Court Act 1970
CATEGORY : Principal judgment
Craig v South Australia (1994-95) 184 CLR 163 CASES CITED : DPP v Stevens [2007] NSWSC 1350 Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323
Darryl Lindsay Freeman, Delegate of the Director of Liquor, Gaming and Racing (Plaintiff) PARTIES : Mark Van De Hoek (First Defendant) Magistrate Lucas (Second Defendant)
FILE NUMBER(S) : SC 16341/2007
COUNSEL : K M Richardson (Plaintiff) J B Costigan (First Defendant)
Crown Solicitor (Plaintiff) SOLICITORS : DC Balog & Associates (First Defendant) Submitting Appearance Crown Solicitor (Second Defendant)
LOWER COURT JURISDICTION : Licensing Court of NSW
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