Bartlett v Director of Public Prosecutions [2016] NSWSC 1813

Supreme Court New South Wales

Medium Neutral Citation: Bartlett v Director of Public Prosecutions [2016] NSWSC 1813 Hearing dates: 31 August 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction: Common Law Before: Rothman J Decision: (1) Proceedings number 2015/141119, proceedings number 2015/46153, and proceedings number 2015/52100 against Beau Robert Bartlett in the Local Court of New South Wales at Parramatta be stayed pending determination of this application or other order of this Court, and further, grant leave to the Local Court to fix another date suitable to the parties for the committal proceedings or any other application. (2) I will give leave to withdraw the proceedings at any time. Catchwords: ADMINISTRATIVE LAW – appeal and judicial review – inadequate opportunity to prepare and present case – non-opposition at first instance to adjourn hearing – magistrate erred in not vacating hearing dates. Legislation Cited: Crimes (Appeal and Review) Act 2001 Criminal Appeal Act 1912 Local Court Act 2007 Supreme Court Act 1970 Cases Cited: Alramadan v Director of Public Prosecutions (NSW) (No. 2) [2008] NSWCCA 69 Haset Sali v SPC Ltd [1993] HCA 47; (1993) 67 ALJR 841 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32; (2010) 241 CLR 390 Krishna v Director of Public Prosecutions (NSW) [2007] NSWCCA 318 Maxwell v Keun [1927] All ER Rep 335; 1 KB 645 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Procedural and other rulings Parties: Beau Robert Bartlett (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: I McLachlan (Applicant) H Langley (Respondent)