JW v District Court of New South Wales [2016] NSWCA 22

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: JW v District Court of New South Wales [2016] NSWCA 22 Hearing dates: 18 February 2016 Date of orders: 19 February 2016 Decision date: 26 February 2016 Before: Simpson JA Decision: (1) That the trial listed for hearing in the District Court on indictment charging [JW] with an offence against s 52A of the Crimes Act 1900 (NSW) be stayed pending further order of this Court.

(2) Refer proceedings to the Registrar, Court of Appeal, for directions.

(3) That the proceedings be given such expedition as is necessary. Catchwords: JURISDICTION – Court of Appeal – Supreme Court Act 1970 (NSW), s 69 – order sought to set aside order of magistrate in the Children's Court committing applicant for trial – order sought to set aside judgment or order of the District Court refusing stay of proceedings – whether Court of Appeal has jurisdiction to grant the orders – effect of Supreme Court Act s 17(1) and Third Schedule – whether proceedings fell into category of exclusion provided by cll (a1) and (a2) of Third Schedule – order concerning the District Court proceedings not excluded

JURISDICTION – Court of Appeal – Supreme Court Act 1970 (NSW), s 48 – proceedings under s 69 concerning orders of a specified tribunal – District Court a specified tribunal under s 48(1) – Children's Court not a specified tribunal under s 48(1)

JURISDICTION – Court of Appeal – single judge sitting alone – jurisdiction of single judge of Court of Appeal to set aside judgment or order of District Court refusing stay of proceedings – Supreme Court Act 1970 (NSW), s 46(2)(b)