Baker v Attorney General for New South Wales [2013] NSWCA 329

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Baker v Attorney General for New South Wales [2013] NSWCA 329 Hearing dates: 30 August 2013 Decision date: 30 August 2013 Before: Basten JA; Ward JA Decision: (1) On 30 August 2013, the application for leave to appeal in the summons dated 30 April 2013 was dismissed. Further orders: (2) Direct that the Attorney General for New South Wales be named as the respondent. (3) To the extent that it is necessary, extend the time for service of the notice of intention to appeal and the summons seeking leave to appeal until 30 April 2013. [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: ADMINISTRATIVE LAW - judicial review - error of law - claimed right to trial by jury with respect to traffic offences - question of validity of judicial appointments

APPEAL - extension of time - notice of intention to appeal and summons seeking leave to appeal filed in time - no evidence as to timeliness of service of documents

CONSTITUTIONAL LAW - validity of appointment of judicial officers - right to trial by jury with respect to traffic offences

CRIMINAL LAW - traffic offences - claimed right to trial by jury Legislation Cited: Constitution, s 80 Constitution Act 1902 (NSW), s 9A Criminal Procedure Act 1986 (NSW), ss 6, 7 Imperial Acts Application Act 1969 (NSW), s 6 Judiciary Act 1903 (Cth), s 78B Local Court Act 2007 (NSW), s 8 Police Act 1990 (NSW), s 4 Supreme Court Act 1970 (NSW), ss 40, 53, 69, 69B, 85, 101 Cases Cited: Byrnes v The Queen [1999] HCA 38; 199 CLR 1 Galea v New South Wales Egg Corporation [1989] NSWCA 81 Texts Cited: A Twomey, The Constitution of New South Wales (Federation Press, 2004), 118, 146, 607-618 Category: Principal judgment Parties: Cyril Brett Baker (Applicant) Attorney General for New South Wales (Respondent) Representation: Applicant (Self-represented) Ms B K Baker (Respondent) Applicant (Self-represented) I V Knight, Crown Solicitor (Respondent) File Number(s): CA 2013/059944 Decision under appeal Jurisdiction: 9111 Citation: Baker v New South Wales Police [2013] NSWSC 57 Date of Decision: 2013-02-07 00:00:00 Before: Latham J File Number(s): SC 2012/106554