NSW Caselaw
New South Wales Supreme Court
CITATION : Constable Redman v Willcocks [2010] NSWSC 1268
HEARING DATE(S) : 2 November 2010
JUDGMENT DATE : 29 November 2010
JURISDICTION : COMMON LAW
JUDGMENT OF : Davies J
DECISION : (1) The summons is dismissed. (2) The Plaintiff is to pay the Defendant's costs of the proceedings.
CATCHWORDS : ADMINISTRATIVE LAW - prerogative writs and orders - certiorari - proceedings before the Local Court for Apprehended Violence Order - application withdrawn by police officer making application - whether Magistrate had the power to order costs - procedural misconduct by police officer.
Crimes Act 1900 Crimes Amendment (Apprehended Violence) Act 1999 Crimes Amendment (Apprehended Violence) Act 2006 LEGISLATION CITED : Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986 Justices Act 1902 Supreme Court Act 1970
CATEGORY : Principal judgment
CASES CITED : John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101; (2005) 62 NSWLR 512
Constable Shane Redman (Plaintiff) PARTIES : Andrew Willcocks (First Defendant) The Honourable Elizabeth Ellis LCM (Second Defendant)
FILE NUMBER(S) : SC 2010/047730
R Ranken (Plaintiff) COUNSEL : C Steirn SC & B Rosic (First Defendant) Submitting appearance (Second Defendant)
Crown Solicitor's Office (Plaintiff) SOLICITORS : Craddock Murray Neumann (First Defendants) Crown Solicitor's Office (Second Defendant)
LOWER COURT JURISDICTION : Local Court
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