NSW Caselaw
New South Wales Supreme Court
CITATION : Coles Supermarkets Australia v Antony Townsden [2009] NSWSC 1117
HEARING DATE(S) : 22 September 2009
JUDGMENT DATE : 23 October 2009
JURISDICTION : Common Law
JUDGMENT OF : Harrison AsJ
DECISION : (1) The amended summons filed 20 April 2009 is dismissed. (2) The plaintiff is to pay the second defendant's costs as agreed or assessed.
CATCHWORDS : ADMINISTRATIVE LAW - judicial review of Local Court decision dismissing application for recovery of costs - reviewable decisions and conduct - grounds of review - error of law on face of record - jurisdictional error – conduct of proceedings - prerogative writs and orders – certiorari – mandamus – was Local Court decision interlocutory - whether prosecutor should pay costs - appeal dismissed
Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 LEGISLATION CITED : Criminal Procedure Act 1986 Justices Act 1902 Public Health Act 1991 Public (Health) Tobacco Regulation 1999 Supreme Court Act 1970
CATEGORY : Principal judgment
ASIC v Farley [2001] NSWSC 326; 51 NSWLR 49 Dong v Hughes [2005] NSWSC 844 CASES CITED : Fosse v Director of Public Prosecutions & Anor [1999] NSWSC 367 Hall v Nominal Defendant (1966) 117 CLR 423 R v Pavia (1993) 67 A Crim R 364
Coles Supermarkets Australia Pty Ltd (Plaintiff) PARTIES : Antony Townsden (First Defendant) Kerry Chant (NSW Department of Health) (Second Defendant)
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