Hollingsworth v Bushby [2015] NSWCA 251

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hollingsworth v Bushby [2015] NSWCA 251 Hearing dates: 4 June 2015 Decision date: 25 August 2015 Before: Basten JA at [1]; Macfarlan JA at [40]; Leeming JA at [89] Decision: (1) Dismiss the summons seeking review of the judgments of the District Court given on 16 May 2014 and 20 June 2014.

(2) Order the applicant to pay the respondents' costs in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – applicant charged in Local Court with offences under Prevention of Cruelty to Animals Act 1979 (NSW) relating to horses owned by her or in her care – initial pleas of not guilty changed to guilty – Magistrate subsequently refused leave to withdraw guilty pleas and convicted applicant – applicant sought leave to appeal to District Court against convictions contending that she should be given leave to withdraw the guilty pleas – District Court refused to permit applicant to give evidence following non-compliance with pre-hearing directions – whether applicant denied procedural fairness – whether jurisdictional error occurred – by majority application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 58 Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 12, 18, 19 Crimes (Sentencing Procedure) Act 1999 (NSW), s 10A District Court Act 1973 (NSW), s 176 Prevention of Cruelty to Animals Act 1979 (NSW), ss 5, 8, 30A, 31 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Aon Risk Services Australia v Australian National University [2009] HCA 27; 239 CLR 175 Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 Katter v Melhem [2015] NSWCA 213 Kim Hollingsworth v Bushby (RSPCA) [2014] NSWDC 101 Meissner v The Queen (1995) 184 CLR 132 Michael Wilson & Partners v Nicholls [2011] HCA 48; 244 CLR 427 Minister for Immigration v Bhardwaj [2002] HCA 11; 209 CLR 597 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Mulder v Director of Public Prosecutions (Cth) [2015] NSWCA 92 R v Rae (No 2) [2005] NSWCCA 380; 157 A Crim R 182 R v Wilkinson No 4 [2009] NSWSC 323; 195 A Crim R 20 Re Minister for Immigration and Multicultural Affairs; Ex Parte Lam [2003] HCA 6; 214 CLR 1 Reznitsky v Director of Public Prosecutions (NSW) [2014] NSWCA 79 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 Category: Principal judgment Parties: Kim Hollingsworth (Applicant) Gillian Bushby (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Self-represented (Applicant) R F Sutherland SC/M Castle (First Respondent)