Collier v Cook & Ors [2012] NSWCA 50

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Collier v Cook & Ors [2012] NSWCA 50 Hearing dates: 22 March 2012 Decision date: 22 March 2012 Before: Campbell JA Decision: Notice of Motion dismissed with 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: APPEAL AND NEW TRIAL - practice and procedure - stay of proceedings - where stay of Local Court criminal proceedings sought in Supreme Court - stay refused - appeal to Court of Appeal - appeal and prerogative relief proceedings not to fragment criminal proceedings except in exceptional circumstances - stay of order that has been carried out impossible

APPEAL AND NEW TRIAL - practice and procedure - where stay of Local Court criminal proceedings sought in Supreme Court - appellant seeks stay to prevent anticipated imprisonment - lack of evidence to confirm this would be outcome - not a case of urgency - stay not available to prevent outcome one merely fears may result Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Criminal Procedure Act 1986 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81; (2010) 73 NSWLR 302 Clyne v Director Public Prosecutions (Cth) (1984) 154 CLR 640 Collier v Director of Public Prosecutions (NSW) [2011] NSWCA 202 Collier v Director of Public Prosecutions [2011] HCASL 177 Joosse v ASIC (1998) 73 ALJR 232 McBride v Walton (NSWCA, Handley JA, 27 August 1993, unreported) Oates v Williams (1998) 84 FCR 348 R v Iorlano (1983) 151 CLR 678 Sankey v Whitlam (1978) 142 CLR 1 Category: Principal judgment Parties: Marion Louise Collier (Applicant) Sen. Cons. Kelly Edwards, Cons Kate Lancer, Sen. Cons. Melanie Morgan & Nathan Cook (Second Respondents) NSW Magistrate Jan Stevenson (Second Respondent) The Local Court (NSW) (Third Respondent) Representation: Solicitors M Collier, in person (Applicant) Crown Solicitor's Office (First Respondents) Submitting Appearances (Second and Third Respondent) File Number(s): 2012/88605 Decision under appeal Jurisdiction: 9111 Date of Decision: 2012-03-16 00:00:00 Before: Davies J File Number(s): 2012/68854