Lewis v Sergeant Riley [2017] NSWCA 272

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lewis v Sergeant Riley [2017] NSWCA 272 Hearing dates: 7 September 2017 Decision date: 27 October 2017 Before: Basten JA at [1]; White JA at [25]; Fagan J at [37] Decision: (1) Extend time for the filing of the summons seeking to review the decision of the District Court of 13 September 2016 up to and including 23 May 2017.

(2) Set aside the decision of the District Court holding that that Court had no jurisdiction to consider an appeal from an order made in the Local Court pursuant to s 75L of the Crimes (Forensic Procedures) Act 2000 (NSW).

(3) Declare that the District Court has jurisdiction to determine the appeals pursuant to s 70(1)(b) of the Local Court Act 2007 (NSW). Catchwords: PRACTICE AND PROCEDURE– appeal rights prima facie conferred by two separate provisions – appeal from orders of Local Court made under Crimes Forensic Procedures Act 2001 (NSW), s 75L – rights of appeal under Crimes (Forensic Procedures) Act, s 115A and Local Court Act 2007 (NSW), s 70 – whether Local Court Act, s 70 provided for concurrent right of appeal to District Court – whether s 115A exclusively provides for appeals from s 75L orders to the exclusion of s 70

STATUTORY INTERPRETATION – whether inconsistency between enactments of one legislature – whether implied repeal – whether specific provision prevails over the more general – provision conferring jurisdiction not to be read down – reliance on legislative history Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 11, 17, 18, 19, 20, 23, 26, 27, 52, 53, 55, 56, 59; Pts 2, 3, 5 Crimes (Forensic Procedures) Act 2000 (NSW), ss 75L, 115A District Court Act 1973 (NSW), s 176 Justices Act 1902 (NSW), ss 101, 104, 112, 122; Pts 4A, 5, 5A Local Court Act 2007 (NSW), ss 3, 43, 44, 45, 70; Pts 3, 4 Local Courts Act 1982 (NSW) ss 36, 64; Pt 6 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123 Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trade Union of Australia (1932) 47 CLR 1; [1932] HCA 9 Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566; [2006] HCA 50 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Company Inc (1994) 181 CLR 404; [1994] HCA 54 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Category: Principal judgment Parties: Kristopher Stephen Luke Lewis (First Applicant) Brett Clark (Second Applicant) Sergeant Darren Riley (First Respondent) Constable Natasha Humphries (Second Respondent) District Court of New South Wales (Third Respondent) Representation: Counsel: Mr Shane Prince/Ms Felicity Graham (Applicants) Mr David Kell SC/Ms Joanna Davidson (First and Second Respondents)