Koval v Director of Public Prosecutions (NSW) [2011] NSWSC 934

Supreme Court New South Wales

Medium Neutral Citation: Koval v Director of Public Prosecutions (NSW) [2011] NSWSC 934 Hearing dates: 16 August 2011 Decision date: 25 August 2011 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to appeal pursuant to s 53(3) of the Crimes (Appeal and Review) Act 2001 is refused. (2) The decision of his Honour Magistrate B Maloney dated 5 November 2010 is affirmed. (3) The plaintiff's amended summons filed 2 March 2011 is dismissed. (4) The plaintiff is to pay the defendant's costs as agreed or assessed as from 2 May 2011. Catchwords: APPEAL - civil - of the Crimes (Appeal and Review) Act 2001, s 53(3) application for leave to appeal decision - Any person against whom an interlocutory order has been made by the Local Court in relation to the person in summary proceedings may appeal to the Supreme Court against the order, but only on a ground that involves a question of law alone, and only by leave of the Supreme Court. Legislation Cited: Crimes Act 1900 Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Cases Cited: AWA v Koval, NSWSC, 50018/92, 24 February 1993, unreported Jago v The District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 Johannsen & Chambers v R 87 (1996) A Crim R 126 R v Adler (NSWCCA, 11 June 1992, unreported) R v Andrew Foster Brown 17 NSWLR 472 Raymond Richard Johnson [2001] NSWCCA 465 Ridgeway v The Queen [1995] HCA 66 Watson v The Attorney General NSW (1987) 8 NSWLR 685 Category: Principal judgment Parties: Andrew Clement Koval - Plaintiff Director of Public Prosecutions (NSW) - Defendant Representation: N A Confos - Plaintiff C P O'Donnell - Defendant Bray Jackson & Co - Plaintiff Solicitor for Public Prosecutions - Defendant File Number(s): 2010/399743