Ritson v Myers [2012] NSWSC 1504

Supreme Court New South Wales

Medium Neutral Citation: Ritson v Myers [2012] NSWSC 1504 Hearing dates: 13 July 2012 Decision date: 03 September 2012 Jurisdiction: Common Law Before: Latham J Decision: 1. The appeal is dismissed 2. The plaintiff is to pay the defendant's costs Catchwords: STATUTORY INTERPRETATION - Crimes Act 1900, s 556(2) - whether defendant a person against whom civil proceedings had been taken - whether criminal proceedings "for the same cause" as civil proceedings - discretionary disposition of appeal under Crimes (Appeal and Review) Act 2001, s 59(2) Legislation Cited: Crimes (Appeal and Review) Act 2001 Law Reform (Vicarious Liability) Act 1983 Interpretation Act 1987 Cases Cited: Knezevic v Markovic [1985] 5 FCR 219; (1985) 56 ALR 557 Read v Brown (1888) 22 QBD 128 State of New South Wales v Ibbett [2006] HCA 57; (2006) 229 CLR 638 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490 Category: Principal judgment Parties: Brendan Paul Ritson - (Plaintiff) Karen Grace Myers - (Defendant) Representation: Counsel: WG Roser SC - (Plaintiff) M Thangaraj SC / B Haverfield - (Defendant) Solicitors: Mitchell Lawyers - (Plaintiff) Oates Legal - (Defendant)

File Number(s): 2011/356598

Judgment 1The Plaintiff, Mr Ritson, appeals against the decision of Magistrate Wynhausen of 7 October 2011 pursuant to s 56(1) of the Crimes (Appeal and Review) Act 2001. He seeks the setting aside of the decision dismissing proceedings against the defendant, Ms Myers, and that the matter be remitted back to the Local Court.