Blacktown Workers' Club Ltd v O'Shannessy [2011] NSWCA 265

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Blacktown Workers' Club Ltd v O'Shannessy [2011] NSWCA 265 Hearing dates: 23 August 2011 Decision date: 06 September 2011 Before: Basten JA at 1; Handley AJA at 62; Sackville AJA at 72 Decision: (1) Grant the appellant leave to appeal from the judgment and orders given in the Common Law Division on 14 October 2010. (2) Direct that the appellant file within 7 days a notice of appeal in accordance with the draft notice contained in the white folder. (3) Allow the appeal and set aside the orders made in the Common Law Division on 14 October 2010 and, in lieu thereof: (a) dismiss the prosecutor's appeal from the judgment and orders made in Blacktown Local Court on 7 December 2009, and (b) order the prosecutor to pay the costs of Blacktown Workers' Club Ltd of that appeal. (4) Order that the respondent pay the appellant's costs in this Court. [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: APPEAL - offence - appeal limited to question of law alone - point not argued by parties - questions of construction of statute

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