Baker v NSW Police Force [2014] NSWSC 907

Supreme Court New South Wales

Medium Neutral Citation: Baker v NSW Police Force [2014] NSWSC 907 Hearing dates: 4 July 2014 Decision date: 04 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Amended Summons dismissed pursuant to r 13.4. 2. Plaintiff to pay Defendant's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - challenge to convictions by magistrate - challenge based on purported right to trial by jury - identical proceedings already determined by Court of Appeal - no different basis shown for present proceedings - application by Defendant to dismiss summarily - proceedings dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baker v New South Wales Police [2013] NSWSC 57 Baker v Attorney-General for New South Wales [2013] NSWCA 329 General Steel Industries Inc v Commissioner For Railways (NSW) (1964) 112 CLR 125 Category: Interlocutory applications Parties: Cyril Brett Baker (Plaintiff) Senior Constable Gavin Morris (First Defendant) Senior Constable Christopher Fraser (Second Defendant) Constable Kate Wilson (Third Defendant) Local Courts of New South Wales (Fourth Defendant) District Court of New South Wales (Fifth Defendant) NSW Attorney General's Department (Sixth Defendant) The State of New South Wales (Seventh Defendant) Representation: Counsel: In person (Plaintiff) C Butler (Defendant) Solicitors: Self represented (Plaintiff) Crown Solicitor's Office (Defendant) File Number(s): 2014/68243