De Varda v Constable Stengord (NSW Police) [2011] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: De Varda v Constable Stengord (NSW Police) [2011] NSWSC 868 Hearing dates: 12 August 2011 Decision date: 17 November 2011 Jurisdiction: Common Law Before: Davies J Decision: 1. An order in the nature of certiorari removing into the court the determination of the Local Court (Magistrate Heilpern) made 2 February 2011 in the proceedings Police v De Varda and quashing that determination. 2. The matter be remitted to the Second Defendant to be determined in accordance with the reasons of the court and according to law. 3. The First Defendant is to pay the Plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - prerogative relief - certiorari & mandamus - inferior court - whether jurisdictional error - wrong question asked - whether error of law on face of record - irrelevant considerations - unsuccessful prosecution - whether costs order should be made - whether investigation unreasonable. Legislation Cited: Crimes Act 1900 Crimes (Local Courts and Appeal Review) Act 2001 Criminal Procedure Act 1986 Justices Act 1902 Supreme Court Act 1970 Cases Cited: Cliftleigh Haulage Pty. Ltd. v. Byron Shire Council [2007] NSWCCA 13 Craig v The State of South Australia (1994) 184 CLR 163 Kirk v Industrial Court of NSW [2010] HCA 1; (2009) 239 CLR 531 R v Manley [2000] NSWCCA 196; (2000) 49 NSWLR 203 R v Hunt [1999] NSWCCA 375 Category: Principal judgment Parties: Joseph De Varda (Plaintiff) Constable Jessica Stengord (NSW Police) (First Defendant) His Honour Magistrate Heilpern (Second Defendant) Representation: S Beckett (Plaintiff) S Hall (Defendant) Carters Law Firm (Plaintiff) Office of the General Counsel (First Defendant) Crown Solicitor's Office (Second Defendant) - submitting appearance File Number(s): 2011/68376 Decision under appeal Jurisdiction: 9109 Date of Decision: 2011-02-02 00:00:00 Before: Magistrate Heilpern