Hall v Director of Public Prosecutions [2015] NSWSC 839

Supreme Court New South Wales

Medium Neutral Citation: Hall v Director of Public Prosecutions [2015] NSWSC 839 Hearing dates: 19 June 2015 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Common Law Before: Campbell J Decision: Grant leave to appeal; Appeal allowed; Set aside the order of her Honour Magistrate Robinson pronounced on 3 November 2014 granting leave for the prosecution to proceed as on indictment under s 263(2) Criminal Procedure Act 1986; Remit the matter at the Local Court for determination according to law; I note the agreement of the parties that each of them will bear his own costs. Catchwords: APPEAL – civil – decision of magistrate of Local Court – where magistrate failed to apply correct statutory test to allow prosecution to proceed on indictment – whether grant of leave an interlocutory order Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW); Criminal Procedure Act 1986 (NSW); Supreme Court Act 1970 (NSW); Cases Cited: Castlemaine Tooheys Ltd v State of South Australia [1986] HCA 58; 161 CLR 148; Legal Practitioners Complaints Committee v a Practitioner (1987) 46 SASR 126; Johnston v Nationwide News Pty Ltd [2005] NSWCA 17; 62 NSWLR 309; Salter v Director of Public Prosecutions [2009] NSWCA 357; 75 NSWLR 392; The Commonwealth v Mullane [1961] HCA 28; 106 CLR 166 Category: Procedural and other rulings Parties: Jason Hall (Plaintiff); Director of Public Prosecutions (NSW) (Defendant) Local Courts of New South Wales (Second Defendant) Representation: Counsel: A Hawkins (Plaintiff) A Mitchelmore (DPP)