Hallaby v Local Court of New South Wales [2019] NSWSC 840

Supreme Court New South Wales

Medium Neutral Citation: Hallaby v Local Court of New South Wales [2019] NSWSC 840 Hearing dates: 13 June 2019 Decision date: 09 July 2019 Jurisdiction: Common Law Before: Emmett AJA Decision: Proceedings dismissed with costs. Catchwords: ADMINISTRATIVE LAW – judicial review – whether the Magistrate misconstrued ss 214(1)(b) and 214(1)(d) of the Criminal Procedure Act (1986) (NSW) and thereby misconceived the nature of his function – whether the Magistrate erred on the face of the record by assuming the proceedings had been initiated by an unidentified "prosecution" – whether the Magistrate's decision should be quashed under s 69 of the Supreme Court Act 1970 (NSW).

COSTS – whether the second defendant should pay the plaintiff's professional costs –- whether exclusion of police evidence under s 138 of the Evidence Act 1995 (NSW) demonstrated proceedings were initiated without reasonable cause under s 214(1) of the Criminal Procedure Act (1986) (NSW).

CIVIL PROCEDURE – whether an extension of time should be granted for the commencement of the proceedings. Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: A v State of New South Wales (2007) 230 CLR 500 Canceri v Taylor (1984) 123 ALR 667 Council of Kangan Batman Institute of Technology and Further Education v Australian Industrial Relations Commission (2006) 156 FCR 275 Coleman v Power (2004) 220 CLR 1 Craig v South Australia (1995) 184 CLR 163 Dong v Hughes [2005] NSWSC 84 Fosse v Director of Public Prosecutions [1999] NSWSC 367 Hope v Bathurst City Council (1980) 144 CLR 1 Kanan v Australian Postal & Telecommunications Union (1992) 43 IR 257 Latoudis v Casey (1990) 170 CLR 534 Minister for Immigration and Ethnic Affairs v Teo (1995) 57 FCR 194 Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 1 May 1991 at 2796 Category: Principal judgment Parties: Steven Hallaby (Plaintiff) Local Court of New South Wales (First Defendant) Senior Constable Paul Harris (Second Defendant) Representation: Counsel: S Boland (Plaintiff) J King (Second Defendant)