Warren Gibson, NSW Fair Trading v Roberta Graham [2013] NSWSC 1909

Supreme Court New South Wales

Medium Neutral Citation: Warren Gibson, NSW Fair Trading v Roberta Graham [2013] NSWSC 1909 Hearing dates: 11 December 2013 Decision date: 18 December 2013 Before: Harrison J Decision: 1. Quash the decision and orders made by his Honour Magistrate Brown in the Local Court at Parramatta on 14 June 2013. 2. Remit the matter to his Honour to be determined according to law. 3. Order that the first defendant pay the plaintiff's costs of and incidental to the proceedings in this Court. 4. Grant liberty to apply. Catchwords: ADMINISTRATIVE LAW - appeal from Local Court - application to quash orders made by magistrate - s 14 Criminal Procedure Act 1986 - whether common informer can prosecute proceedings pursuant Home Building Act 1989 - whether Home Building Act "expressly conferred" authority to prosecute proceedings on specified person or class of persons - meaning of "expressly conferred" - whether prosecutorial powers can be "expressly conferred" by implication on a specified person or class of persons - where no express conferral of prosecutorial powers - where error of law established Legislation Cited: Criminal Procedure Act 1986 Fair Trading Act 1987 Home Building Act 1989 Cases Cited: Chorlton v Lings (1868) LR 4 CP 374 Eades v Sundowner Caravan Parks Pty Ltd (1982) 48 LGRA 307 Manton v Parabolic Pty Ltd (1985) 2 NSWLR 361 Category: Principal judgment Parties: Warren Gibson, NSW Fair Trading (Plaintiff) Roberta Graham (First Defendant) Local Court of NSW (Second Defendant) Representation: Counsel: Sophie Callan (Plaintiff) Leo Gor (First Defendant) Solicitors: NSW Fair Trading (Plaintiff) J.S. Mueller & Co. Solicitors (First Defendant) File Number(s): 2013/210845 Publication restriction: Nil