Wise v Schneider [2015] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: Wise v Schneider [2015] NSWSC 725 Hearing dates: 26 May 2015, and further written submissions on 03.06.15 and 05.06.15 Date of orders: 12 June 2015 Decision date: 12 June 2015 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) The orders made by the Local Court on 7 October 2014 dismissing ACN 2013/246740-002 and 2013/246740-001 be set aside.

(2) The order for costs made in favour of the defendant against the plaintiff on 7 October 2014 be set aside.

(3) The proceedings be remitted to the Local Court to be dealt with according to law.

(4) On or before 18 June 2015 the parties exchange and file written submissions in respect of the costs of the proceeding such submissions not to exceed three pages. Catchwords: Appeal under the Crimes (Appeal and Review) Act 2001 – alleged offences under s 9 of the Liquor Act 2007 – defendant manager of licensed premises - charges dismissed – costs order made against informant – not disputed that inspectors attended premises, obtained alcohol and did not consume food – presiding magistrate stated evidence was "uncontrovertibl[e]" but rejected undisputed evidence – whether reasons adequate – breach of procedural fairness established – order dismissing charges set aside – costs order not sustainable. Legislation Cited: - Crimes (Appeal and Review) Act 2001 – s 55, s 56, s 59 - Criminal Procedure Act 1986 – s 212, s 213, s 214 - Gaming and Liquor Administration Act 2007 – s 20 - Liquor Act 2007 – s 9, s 24, s 25, s 91 Cases Cited: - ACP v Munro [2012] NSWSC 1510 - Bimson, Roads & Maritime Services v Damorange Pty Ltd [2014] NSWSC 734 - Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 - Coffen v Goodhart [2013] NSWSC 1018 - Cunningham v Cunningham (No 2) [2012] NSWSC 954 - Director of Public Prosecutions (NSW) v Elias [2013] NSWSC 28 - Director of Public Prosecutions v Lopez-Aguilar [2013] NSWSC 1019 - Downes v DPP [2000] NSWSC 1054 - Lee v DPP (NSW) & Anor [2004] NSWCA 172 - Proudman v Dayman (1941) 67 CLR 536 - Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 - Stead v State Government Insurance Commission ([986] HCA 54; 161 CLR 141 - Valuer-General v Perilya Broken Hill Ltd [2013] NSWCA 265 - Whitehorn v The Queen [1983] HCA 42; 152 CLR 657 Category: Principal judgment Parties: Sarina Wise – Plaintiff Christopher David Schneider – Defendant Representation: Counsel: K.H. Averre – Plaintiff S. Chapple – Defendant