Killick v The Commissioner of Police New South Wales [2014] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: Killick v The Commissioner of Police New South Wales [2014] NSWSC 781 Hearing dates: 23 May 2014 Decision date: 12 June 2014 Before: Simpson J Decision: (1) The order that the applicant be remanded on bail is confirmed; (2) The condition of the applicant's bail, that he appear at the Queensland Police Headquarters in Brisbane at 9.00am on 8 May 2014 is varied; (3) The applicant is remanded on bail, on the following conditions: (i) that he appear at the Queensland Police Headquarters in Brisbane at 10.00am on 27 June 2014; (ii) that the applicant continue to reside at the address the subject of the current bail conditions; (iii) that the applicant continue to subject himself to such electronic monitoring as is required pursuant to the terms of his parole conditions; (iv) that the applicant report daily between the hours of 8.00am and 8.00pm to the North Sydney Police Station. Catchwords: ADMINISTRATIVE LAW - judicial review - s 86(1) Service and Execution of Process Act 1992 (Cth) - decision of magistrate that warrant issued pursuant to s 189 Corrective Services Act 1988 (Qld) was valid - warrant directed the apprehension of the applicant and conveyance to Queensland prison - whether warrant valid - whether Court of NSW has jurisdiction to determine issue of warrant constituted an abuse of process - warrant valid - no jurisdiction to consider question of abuse of process - consequential orders made Legislation Cited: Acts Interpretation Act 1954 (Qld), s 38 Corrective Services Act 1988 (Qld), s, 175, s 185, s 187, s 188, s 189, s 199 Corrective Services Act 2006 (Qld) Service and Execution of Process Act 1901 (Cth) Service and Execution of Process Act 1992 (Cth), s 82, s 83, s 84, s 85, s 86 Cases Cited: Berichon v Chief Commissioner, Victoria Police [2007] VSC 143; 16 VR 233 Commissioner of Police v Lavelle (1995) 82 A Crim R 187 Gummer v Commissioner of Police [1995] 1 Qd R 346 Loveridge v Commissioner of Police (SA) [2004] SASC 195; 89 SASR 72 Rodgers v Chief Commissioner of Victoria Police [2012] VSC 305; 263 FLR 478 Walton v Gardiner [1993] HCA 77; 177 CLR 378 Category: Principal judgment Parties: John Reginald Killick (Applicant) The Commissioner of Police New South Wales (Respondent) Representation: Counsel: J Crowley (Applicant) S Callan (Respondent) Solicitors: Searle & Associates Lawyers (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): 2014/131829 Decision under appeal Jurisdiction: 9109 Date of Decision: 2014-05-01 00:00:00 Before: Magistrate Wahlquist File Number(s): 2014/113934