Taylor v Local Court of NSW [2014] NSWSC 1062

Supreme Court New South Wales

Medium Neutral Citation: Taylor v Local Court of NSW [2014] NSWSC 1062 Hearing dates: 5 August 2014 Decision date: 06 August 2014 Before: McCallum J Decision: An order in the nature of certiorari quashing the decision of the Magistrate refusing Mr Taylor's application for an adjournment of the hearing; an order in the nature of prohibition precluding the hearing of the charges until determination of the adjournment application in open court; proceedings remitted to the Local Court for determination in accordance with this judgment; 2nd defendant ordered to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - judicial review - decision of the Local Court refusing adjournment of criminal proceedings after late service of expert accountant report by prosecution - where adjournment application determined in chambers without oral hearing - prosecutor conceding decision entailed denial of procedural fairness - appropriate orders Legislation Cited: Crimes Act 1900, s 156 Crimes (Appeal and Review) Act 2001, s 53(3)(b) Supreme Court Act 1970, s 69 Cases Cited: Haoui v Regina [2008] NSWCCA 209 Category: Interlocutory applications Parties: Adam John Taylor (plaintiff) Local Court of NSW (first defendant) Detective Sergeant John Pollock (second defendant) Representation: Counsel: J McLachlan (plaintiff) B Thompson (second defendant) Solicitors: Eakin McCaffery Cox (plaintiff) Crown Solicitors Office (second defendant) File Number(s): 2014/227324 Publication restriction: None