Hansell v Director of Public Prosecutions (NSW) [2016] NSWCA 311

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hansell v Director of Public Prosecutions (NSW) [2016] NSWCA 311 Hearing dates: 15 November 2016 Decision date: 15 November 2016 Before: Beazley P; Basten JA; Leeming JA Decision: 1. An order quashing the judgment of the District Court given on 1 April 2016. 2. An order that the District Court, constituted by a different judge, determine the plaintiff's appeal according to law. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal to District Court against Local Court conviction – District Court judge dismissed appeal but relied on video files included in material tendered but which were not in evidence in Local Court – neither party directed judge's attention to additional video files – breach of procedural fairness conceded – District Court decision quashed and matter remitted

COSTS – successful applicant's costs – whether costs should follow event – where applicant's success only partial – where respondent made prompt concessions – where both parties contributed to error in court below – no order as to costs Legislation Cited: Crimes Act 1900 (NSW), ss 91K(1), 91K(3) Crimes (Appeal and Review) Act 2001 (NSW), s 18(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 12 District Court Act 1973 (NSW), ss 127, 176 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Bandara v Director of Public Prosecutions [2016] NSWCA 140 Muldoon v Church of England Children's Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46 Category: Principal judgment Parties: Mr Adam Geoffrey Hansell (Plaintiff) Director of Public Prosecutions (NSW) (First Defendant) District Court of New South Wales (Second Defendant) Representation: Counsel: S Boland (Plaintiff) D Kell SC, M Pulsford (First Defendant)