Woods v Scipione [2014] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Woods v Scipione [2014] NSWSC 1100 Hearing dates: 24 April 2014 Decision date: 15 August 2014 Jurisdiction: Common Law Before: Adams J Decision: The summons, except as to the fourth defendant, is dismissed under UCPR r 13.4 as disclosing no reasonable cause of action. In respect of the fourth defendant, the plaintiff has leave to replead the application for an order in the nature of certiorari in respect of her conviction. If she wishes to replead, a Notice of Motion seeking to join the informant as a defendant and amending her summons is to be filed and served together with an affidavit stating precisely (and no more than) the details of the conviction and orders appealed from and the circumstances of the proceedings relied on for the purpose of seeking the order. On delivery of judgment, directions will be given as to times. Catchwords: Witness protection program - subsequent legislation - powers of Commissioner of Police - functions of ministers - distinction between power and duty - mandamus inappropriate Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28 Witness Protection Act 1995 (NSW), ss 5, 6, 7, 11, 11A, 14, 15, 16, 18, 21, Pt 2, Sch 1 Births, Deaths and Marriages Registration Act 1995 (NSW), ss 4, 45, 47, 49 Transport Administration Act 1998 (NSW), s 3B Road Transport Act 2013 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Texts Cited: M Aronson and M Groves, Judicial Review of Administrative Action (5th ed, Thomson Reuters, 2013) Category: Principal judgment Parties: Debra Margaret Woods (first plaintiff) Mark Warren Townley (second plaintiff) Elise Maree Townley (third plaintiff) Andrew Scipione (first defendant) Gregory Eugene Smith (second defendant) Sarah-Jane Morris (third defendant) Robert Walker (fourth defendant) Gregory Curry (fifth defendant) Anne Wooding-Giles (sixth defendant) John Duncan Gay (seventh defendant) Prudence Jane Goward (eighth defendant) Peter Langstaff (ninth defendant) Douglas R Pratt (tenth defendant) Representation: Counsel: N J Owens (first, second, third, fifth, sixth, seventh and eight defendants) Solicitors: Self-represented (plaintiff) Crown Solicitor's Office (defendants) File Number(s): 2013/178066