Prothonotary of the Supreme Court of New South Wales v Dangerfield [2015] NSWSC 1895

Supreme Court New South Wales

Medium Neutral Citation: Prothonotary of the Supreme Court of New South Wales v Dangerfield [2015] NSWSC 1895 Hearing dates: 19 August 2015 Decision date: 14 December 2015 Jurisdiction: Common Law Before: Adams J Decision: 1. Summons dismissed.

2. The matter is remitted to the Local Court for hearing and determination in accordance with this judgment.

3. No order as to costs. Catchwords: CONTEMPT – procedure – Local Court referral to Supreme Court – opportunity to be heard on whether referral should occur – procedural fairness Legislation Cited: Crimes Act 1900 (NSW), s 341 District Court Act 1973 (NSW), ss 199, 203 Evidence Act 1995 (NSW), s 38 Local Court Act 2007 (NSW), s 24 Supreme Court Rules 1970 (NSW), Pt 55 r 11 Cases Cited: Commissioner of Police v Reid (1989) 16 NSWLR 453 Killen v Lane [1983] 1 NSWLR 171 Medical Board of Queensland v Byrne [1958] HCA 40; 100 CLR 582 Registrar of Court of Appeal v Maniam (No 1) (1991) 25 NSWLR 459 Category: Principal judgment Parties: Prothonotary of the Supreme Court of New South Wales (plaintiff) Elizabeth Dangerfield (defendant) Representation: Counsel: N J Adams SC/ B K Baker (plaintiff) J Manuell SC (defendant)

Solicitors: Crown Solicitor's Office (plaintiff) Aboriginal Legal Service (NSW/ACT) Limited (defendant) File Number(s): 2014/361845