Chen (Yan Ping) v Director of Public Prosecutions [2018] NSWSC 783

Supreme Court New South Wales

Medium Neutral Citation: Chen (Yan Ping) v Director of Public Prosecutions [2018] NSWSC 783 Hearing dates: 25 May 2018 Date of orders: 29 May 2018 Decision date: 29 May 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. Leave to appeal is granted pursuant to s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW).

2. The appeal is dismissed and the further amended summons in all other respects is dismissed.

2. The plaintiff is to pay the costs of the first defendant. Catchwords: CRIMINAL LAW – procedure – adjournment, stay of proceedings or order restraining proceedings – making false accusation with intent to subject a person to investigation contrary to Crimes Act 1900 (NSW), s 314 – appeal from interlocutory order dismissing application for permanent stay of prosecution – appeal brought pursuant to Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(b) – relief in nature of certiorari and declaration alternatively sought pursuant to Supreme Court Act 1970 (NSW), ss 69, 75 – accused summoned to give evidence before Inspector of Crime Commission pursuant to Crime Commission Act 2012 (NSW), s 64 – where accused given notice in writing pursuant to Royal Commissions Act 1923 (NSW), s 8 – where notice signed by solicitor assisting Inspector – whether signature of Inspector necessary on written notice – whether impermissible delegation of decision to summon witness – appeal dismissed and other relief refused Legislation Cited: Crime Commission Act 2012 (NSW) Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Assets Recovery Act 1990 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Occupational Health and Safety Act 2000 (NSW) Royal Commissions Act 1923 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Attorney General of NSW v Built NSW Pty Ltd [2013] NSWCCA 299 Beaudesert Shire Council v Brewer [1982] Qd R 291 Evans v Tweed/Lismore Pastures Protection Board [1982] 2 NSWLR 908; (1982) 65 FLR 283 Franklin v Commissioner of Police [2018] NSWSC 310 NAR v PPC1 (2013) 224 A Crim R 535; [2013] NSWCCA 25 R v Dinh (2000) 120 A Crim R 42; [2000] NSWCCA 536 R v Einfeld (2008) 71 NSWLR 31; [2008] NSWCCA 215 R v Halmi (2005) 62 NSWLR 263; [2005] NSWCCA 2 R v Janceski (2005) 64 NSWLR 10; [2005] NSWCCA 281 Williams v The Queen (1996) 166 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Yan Ping Chen (plaintiff) Director of Public Prosecutions (first defendant) Local Court of New South Wales (second defendant) Representation: Counsel: Mr Tim Game SC/Ms Georgia Lewer (plaintiff) Ms Carol Webster SC (first defendant) Submitting appearances (second defendant)