BUSB v Director-General of Security [2011] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: BUSB v Director-General of Security [2011] NSWCA 49 Hearing dates: 10 February 2011 Decision date: 11 March 2011 Before: Spigelman CJ at 1; Allsop P at 4; Hodgson JA at 5; McClellan CJ at CL at 6; Johnson J at 7. Decision: 1. Summons dismissed. 2. No order as to costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CRIMINAL LAW - procedure - jurisdiction - where summons filed in both Court of Appeal and Court of Criminal Appeal - s 17 of the Supreme Court Act 1970 - whether Court of Appeal or Court of Criminal Appeal the proper forum Legislation Cited: Criminal Appeal Act 1912, s 5F Supreme Court Act 1970, s 17 Cases Cited: BUSB v Director-General of Security [2011] NSWCCA 39 Category: Principal judgment Parties: BUSB (Appellant) Director-General of Security (First Respondent) New South Wales Director of Public Prosecutions (Second Respondent) District Court of New South Wales (Third Respondent) Attorney General for the State of New South Wales (Intervening) Representation: P Lange, G Scragg (Applicant) T Howe QC, G Kennett SC, A Berger (First Respondent) P Ingram SC, G Tabuteau (Second Respondent) M Sexton SC Solicitor General, N L Sharp (Attorney General Intervening) LawyersCorp Pty Ltd (Applicant) Australian Government Solicitor (First Respondent) Solicitor for Public Prosecutions (Second Respondent) Crown Solicitors Office (Intervener) File Number(s): CA 2010/214246; CA 2011/12388 Publication restriction: Non-publication order - name of applicant. Decision under appeal Date of Decision: 2010-04-08 00:00:00 Before: Charteris DCJ File Number(s): 2006/00011417