Feeney v New South Wales Police [2016] NSWSC 1708

Supreme Court New South Wales

Medium Neutral Citation: Feeney v New South Wales Police [2016] NSWSC 1708 Hearing dates: 2 December 2016 Decision date: 02 December 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW), refuse leave to the plaintiff to appeal against the decision of Stoddart LCM on 18 March 2016. (2) Otherwise dismiss the summons. (3) Order the plaintiff to pay the defendant's costs of the proceedings, in the amount of $5,000, exclusive of GST, to be paid within three months of the date of this order. Catchwords: CRIMINAL LAW – procedure – summons seeking leave to appeal interlocutory order of the Local Court – Local Court proceedings finalised – interlocutory order subsumed in final determination of Local Court proceedings – no utility in challenging an interlocutory order after proceedings finalised – appeal lodged to the District Court in the nature of a rehearing – leave to appeal refused

COSTS – gross sum order – Calderbank letter – sufficient element of compromise – plaintiff to pay defendant's costs Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) – ss 4, 11, 18, 53, 54, 72 Cases Cited: Nand v Director of Public Prosecutions (NSW) [2016] NSWSC 85 NSW Police v Thomas Feeney 2015/256168 Category: Principal judgment Parties: Thomas Stephen Feeney (Plaintiff) New South Wales Police Department (Defendant) Representation: Counsel: Plaintiff in person D Parish (Defendant)