NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Colquhoun v Magistrate Guy [2010] NSWSC 235 Hearing dates: 29 March 2010 Decision date: 01 April 2010 Jurisdiction: Common Law Before: Davies J Decision: (1) The summons is dismissed.
(2) The Plaintiff is to pay the Second Defendant's costs. Catchwords: ADMINISTRATIVE LAW - prerogative writs and orders - certiorari and prohibition - bias alleged against Magistrate - bias based on evidentiary and other rulings. Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986 Cases Cited: Lake Macquarie City Council v Morris [2005] NSWSC 387; (2005) 63 NSWLR 263 Livesey v NSW Bar Association (1983) 151 CLR 288 Mikhael v Conroy & Smith (unreported – Finlay J – 6 December 1990; BC 9002962) Re JRL Ex parte CJL [1986] HCA 39; (1986) 161 CLR 342 Webb v R (1994) 181 CLR 31 Wentworth v Wentworth (unreported – Santow J – 6 February 1998) Category: Principal judgment Parties: Darren Mark Colquhoun (Plaintiff) Magistrate Ian Guy (First Defendant) Director of Public Prosecutions (Second Defendant) Representation: Counsel: In person (Plaintiff) Submitting Appearance (First Defendant) J A Girdham (Second Defendant)
Solicitors: Crown Solicitor's Office (Second Defendant) File Number(s): SC 2009/298056
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