NSW Caselaw
Reported Decision: 75 NSWLR 392[2010] ALMD 6304
New South Wales Court of Appeal
CITATION: Salter v Director of Public Prosecutions [2009] NSWCA 357
HEARING DATE(S): 14 October 2009
JUDGMENT DATE: 4 November 2009
JUDGMENT OF: Spigelman CJ at 1; McColl JA at 28; Campbell JA at 29
1 Set aside the orders of R S Hulme J. DECISION: 2 Summons dismissed with no orders as to costs. 3 Suspend orders 1 and 2 until the respondent files a cross-appeal seeking an order in the terms of order 1.
CATCHWORDS: APPEAL – interlocutory order – meaning of "order" – whether an answer to a preliminary question of law is an "order" – Crimes (Appeal and Review) Act 2001, s 53(3)(b) - WORDS AND PHRASES - "order"
Crimes Act 1900 LEGISLATION CITED: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912
Barton v Walker [1979] 2 NSWLR 740 Commonwealth v Mullane (1961) 106 CLR 166 CASES CITED: Johnston v Nationwide News Pty Ltd [2005] NSWCA 17; (2005) 62 NSWLR 309 Legal Practitioners Complaints Committee v A Practitioner (1987) 46 SASR 126 R v Steffan (1993) 30 NSWLR 633
PARTIES: Natalie Maree Salter by her tutor Stephen Folino-Gallo (Appellant) Director of Public Prosecutions (Respondent)
FILE NUMBER(S): CA 040048/09
COUNSEL: J Glissan QC, W Wilcher (Appellant) D Arnott SC (Respondent)
SOLICITORS: Prime Lawyers (Appellant) Solicitor for Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 13392/08
LOWER COURT JUDICIAL OFFICER: Hulme J
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