Slaveski v Connell [2012] NSWSC 810

Supreme Court New South Wales

Medium Neutral Citation: Slaveski v Connell [2012] NSWSC 810 Hearing dates: 16 July 2012 Decision date: 16 July 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Proceedings dismissed. Catchwords: JUDICIAL REVIEW - Appeal from interlocutory Local Court decision to refuse to require prosecution witnesses to give oral evidence at committal hearing - Table 1 offences dropped - committal hearing dispensed with - whether appeal against ruling frivolous - whether adjournment should be granted. Legislation Cited: Crimes Act 1900 - s 59(2), s 60, s 93C(1) Crimes (Appeal and Review) Act 2001 - s 53(3) Criminal Procedure Act 1986 - s 91, s 260 Mental Health (Forensic Provisions) Act 1990 - s 32 Road Rules 2008 - cl 265 Summary Offences Act 1988 - s 4A Supreme Court Act 1970 - s 69 Uniform Civil Procedure Rules 2005 - r 13.4 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 McBain, Re; Ex parte Australian Catholic Bishops Conference [2002] HCA 16; (2002) 209 CLR 372 Minister for Immigration and Multicultural and Indigenous Affairs, Re; Ex parte Applicants S134/2002 [2003] HCA 1; (2003) 211 CLR 441 Slaveski v Longley LCM [2011] NSWSC 933 Category: Interlocutory applications Parties: Ljupco Slaveski (First Plaintiff) Angeleska Snezana (Second Plaintiff) Magistrate Conell (First Defendant) Director of Public Prosecutions (Second Defendant) Representation: Counsel: No appearance for Plaintiffs Submitting appearance (First Defendant) Ms C.A. Webster (Second Defendant) Solicitors: Solicitor for Public Prosecutions (Second Defendant) File Number(s): 2011/289669