Liristis v Director of Public Prosecutions (NSW) [2015] NSWCA 261

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Liristis v Director of Public Prosecutions (NSW) [2015] NSWCA 261 Hearing dates: 24 August 2015 Decision date: 24 August 2015 Before: R A Hulme J Decision: Matter referred to the Common Law Division of the Supreme Court Catchwords: BAIL – jurisdiction of the Court of Appeal to hear and determine application for bail – where judicial review proceedings pending in Court of Appeal – whether judicial review proceedings are 'proceedings on an appeal against conviction and sentence' in s 5(1)(d) Bail Act – jurisdiction established – preferable that bail matters be heard by the Common Law Division of Supreme Court – matter referred to Common Law Division Legislation Cited: Bail Act 1978 (NSW) (repealed) Bail Act 2013 (NSW) ss 4(1), 5(1)(d), 61, 67 Supreme Court Act 1970 (NSW) ss 44, 46, 51(4), 69C Cases Cited: Director of Public Prosecutions (NSW) v Tikomaimaleya [2015] NSWCA 83 Liristis v Director of Public Prosecutions (NSW) [2015] NSWSC 1258 Whan v McConaghy (1984) 153 CLR 631 Category: Principal judgment Parties: Tony Liristis Director of Public Prosecutions (NSW) Representation: Counsel: Applicant in person Mr D Kell (Crown)

Solicitors: Office of the Director of Public Prosecutions File Number(s): 2015/69532

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]