Kang v Bishop (No 2) [2018] NSWSC 1073

Supreme Court New South Wales

Medium Neutral Citation: Kang v Bishop (No 2) [2018] NSWSC 1073 Hearing dates: 28 June 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Mr Kang's application is dismissed.

(2) Mr Kang is to pay the First and Second Defendant's costs of the proceedings as agreed or assessed. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from Local Court– application to quash orders made by Magistrate – jurisdiction of Local Court – whether prosecution in Local Court authorised – whether delegate authorised under Fair Trading Act 1987(NSW) required to bring prosecution under s 192E and s 192 G of the Crimes Act 1900 (NSW) – proper construction of s 14 and s 173 of the Criminal Procedure Act1986 (NSW) – consideration of the interaction between Criminal Procedure Act, Crimes Act and Fair Trading Act – application dismissed

COSTS –departure from usual costs order sought – no basis – costs as agreed or assessed Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Fair Trading Act 1987 (NSW) Government Sector Employment Act 2013 (NSW) Home Building Act 1989 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Television Ltd v Marsden [2001] NSWCA 32 Kang v Bishop & Ors [2018] NSWSC 46 Kew v Commissioner of Fair Trading and Robinson [2007] NSWSC 394 NSW Department of Fair Trading v Edward Kang (Local Court (NSW), Magistrate Keady, 29 November 2016, unrep) NSW Department of Fair Trading v Edward Kang (Local Court (NSW), Magistrate Keady, 29 March 2017, unrep) Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Warren Gibson, NSW Fair Trading v Roberta Graham [2013] NSWSC 1909 Category: Principal judgment Parties: Edward Kang (Plaintiff) Jay Bishop (First Defendant) Secretary, Department of Finance, Services and Innovation (Second Defendant) Local Court of New South Wales (Third Defendant) Representation: Counsel: Mr R Johnson with Ms E Kovacs (Plaintiff) Ms T L Phillips (First and Second Defendants)