Emily Salisbury v Local Court of New South Wales and anor. [2016] NSWSC 1082

Supreme Court New South Wales

Medium Neutral Citation: Emily Salisbury v Local Court of New South Wales and anor. [2016] NSWSC 1082 Hearing dates: 4 August 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Common Law Before: Bellew J Decision: (1) Leave is granted to the plaintiff to appeal, under s. 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), against the interlocutory order of the Local Court that the plaintiff serve expert evidence upon which she proposed to rely by 31 May 2016. (2) The appeal is allowed. (3) The order made on 3 May 2016 by Magistrate Corry in the Local Court, requiring the plaintiff to serve expert evidence upon which she proposed to rely by 31 May 2016, is set aside. (4) The matter is remitted to the Local Court for determination according to law. (5) The second defendant is to pay the plaintiff's costs within 28 days of this date of this order in an amount agreed between the parties. Catchwords: PRACTICE AND PROCEDURE – Local Court – Extent of powers of Local Court – Plaintiff charged with traffic offence – Matter called on for hearing before Magistrate – Plaintiff's counsel made reference to expert report – Objection raised by prosecutor to any expert evidence being called without notice – Where Magistrate made orders vacating the hearing date and requiring the plaintiff to serve an expert report and requiring the prosecution to serve an expert report in reply – No system of case management in the Local Court applying to proceedings of this nature – No power to make orders requiring a defendant to serve evidence in a criminal proceeding – Orders set aside and matter remitted to the Local Court to be dealt with according to law Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Fines Act 1996 (NSW) Local Court Act 2007 (NSW) Road Rules 2014 (NSW) Cases Cited: Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 Caltex Refining Co Pty Limited v State Pollution Control Commission (1991) 25 NSWLR 118 Coco v R [1994] HCA 15; (1994) 179 CLR 427 Director of Public Prosecutions (NSW) v Wililo & Anor [2012] NSWSC 713 Grassby v R [1989] HCA 45; (1989) 168 CLR 1 Ling v South Australia Police [1996] SASC 5856 NSW Food Authority v Nutricia Australia Pty Limited [2008] NSWCCA 252; (2008) 72 NSWLR 456 Petty v R; Maiden v R [1991] HCA 34; (1991) 173 CLR 95 R v Soma [2003] HCA 13; (2003) 212 CLR 299 Sutherland Shire Council v Benedict Industries Pty Limited [2013] NSWLEC 121 Category: Principal judgment Parties: Emily Salisbury – Plaintiff Local Court of New South Wales – First defendant Sergeant Natasha Crawford – Second defendant Representation: Counsel: Mr S. Boland – Plaintiff Ms A Bonnor – Second Defendant