Kang v Bishop [2019] NSWCA 7

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kang v Bishop [2019] NSWCA 7 Hearing dates: 4 February 2019 Date of orders: 04 February 2019 Decision date: 08 February 2019 Before: Gleeson JA at [1] Sackville AJA at [40] Decision: (1) Summons seeking leave to appeal dismissed.

(2) Appeal dismissed as incompetent.

(3) Applicant/appellant pay the first and second respondents' costs of the summons and of the appeal. Catchwords: APPEAL – leave to appeal – whether prosecutions of the applicant for offences under Crimes Act 1900 (NSW) validly commenced – whether "any person" in s 14 of Criminal Procedure Act 1986 (NSW) should be read down – where primary judge dismissed application for judicial review – whether decision attended by error Legislation Cited: Commonwealth Constitution Crimes Act 1900 (NSW), ss 178BB, 192E, 192G Crimes (Appeal and Review) Act 2001 (NSW), s 18 Criminal Appeal Act 1912 (NSW), s 5B(2) Criminal Procedure Act 1986 (NSW), ss 3,14, 173, 174 Fair Trading Act 1987 (NSW), Judiciary Act 1903 (Cth), s 78B Migration Agents Registration Application Charge Act 1997 (Cth) Migration Act 1958 (Cth), ss 275-332H Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 1.21(1), 42.1 Cases Cited: Australian Competition Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292; [1999] FCA 1151 Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) [2010] FCA 428; (2010) 267 ALR 623 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2 Category: Principal judgment Parties: Edward Kang (Applicant) Jay Bishop (First Respondent) Department of Finance, Services and Innovation (Second Respondent) Local Court of New South Wales (Third Respondent) Representation: Counsel: Edward Kang (Self-represented Applicant) T L Phillips (First and Second Respondents)