NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Evans v Powell [2012] NSWSC 1384 Hearing dates: 19 September 2012 Decision date: 19 November 2012 Jurisdiction: Common Law Before: Schmidt J Decision: 1. The appeal is upheld. 2. His Honour's orders are set aside. 3. The matter is remitted to the Local Court for rehearing. 4. Exhibits may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: APPEAL - appeal against Local Court decision against dismissal of five court attendance notices - appeal upheld - failure to give adequate reasons - whether his Honour erred in excluding disputed evidence - whether his Honour erred in dismissing 5 court attendance notices - residential centres - power of entry - construction of s 25 of the Youth and Community Services Act 1973 - exclusion of the disputed evidence - orders - costs
EVIDENCE - admissibility - discretionary exclusion of evidence Legislation Cited: Crimes (Appeal and Review) Act 2001 Evidence Act 1995 Fisheries Act 1905-1964 Youth and Community Services Act 1973 Youth and Community Services Regulation 2010 Cases Cited: Carmichael v McGowan [1967] WAR 11 DPP v Leonard [2001] NSWSC 797; (2001) 53 NSWLR 227 DSJ v R; NS v R [2012] NSWCCA 9; (2012) 259 FLR 262 R v Glossop [2001] NSWCCA 165 R v Harker [2004] NSWCCA 427 R v Swaffield; Pavic v The Queen [1998] HCA 1; (1998) 192 CLR 159 Shanahan v Scott [1957] HCA 4; (1957) 96 CLR 245 Sykes v The Director of Public Prosecutions [1961] 3 ALL ER 33 Wainohu v New South Wales [2011] HCA 24; (2011) 243 CLR 181 Texts Cited: Pearce and Geddes, Statutory interpretation in Australia, 7TH ed, at [9.9] - [9.10] Category: Principal judgment Parties: Tim Evans (Plaintiff) (Department of Family and Community Services) Adrian Powell (Defendant) Representation: Counsel: Mr L Fernandez (Plaintiff) Mr A Scotting (Defendant) Solicitors: IV Knight, Crown Solicitor (Plaintiff) Yardy Legal (Defendant) File Number(s): 2012/88536 Publication restriction: None Decision under appeal Jurisdiction: 9109 Before: Lucas LCM
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