Damaris v Falzon [2009] NSWSC 18

New South Wales Supreme Court

CITATION : Damaris v Falzon [2009] NSWSC 18 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 1 December 2008

JUDGMENT DATE : 4 February 2009

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) An order in the nature of certiorari, pursuant to s 69 of the Supreme Court Act 1970, calling up the record of the Local Court sitting in its criminal jurisdiction in proceedings of Police v Michael Damaris and the orders of his Honour Magistrate Falzon of 8 November 2007 refusing to determine the plaintiff's application dated 4 October 2007 to quash an habitual traffic offender declaration and marking the papers 'no jurisdiction'.

(ii) An order in the nature of certiorari quashing the decisions of the learned Magistrate referred to in order 1.

DECISION : (iii) An order that the matter be remitted to the Local Court to be dealt with in accordance with law.

(iv) An order that the fourth defendant pay the plaintiff's costs of these proceedings as agreed or assessed, excluding those of 10 November 2008 (as to which the plaintiff has been ordered to pay the fourth defendant's costs).

(v) To the extent otherwise entitled, the defendants have an indemnity certificate under the Suitors' Fund Act 1951.

CATCHWORDS : ADMINISTRATIVE LAW – orders in the nature of certiorari and mandamus – jurisdictional error – determination that Local Court did not have jurisdiction to quash declaration of habitual traffic offender after severity appeal to District Court – jurisdiction possessed by court that convicts – severity appeal does not affect jurisdiction of Local Court - TRAFFIC OFFENCE – declaration of habitual traffic offender – application to quash – jurisdiction possessed by court that convicts – in this instance jurisdiction possessed by Local Court, notwithstanding severity appeal to the District Court