Bradley v Senior Constable Chilby [2020] NSWSC 145

Supreme Court New South Wales

Medium Neutral Citation: Bradley v Senior Constable Chilby [2020] NSWSC 145 Hearing dates: 24 February 2020 Decision date: 27 February 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Grant leave to the plaintiff to appeal in respect of grounds 1 and 2 in the summons filed on 7 November 2019.

(2) Allow the appeal.

(3) Set aside the decision of Clisdell LCM dismissing the plaintiff's notice of motion filed on or about 15 April 2019 and, in lieu thereof, order that proceedings 2018/277772 in the Local Court of New South Wales at Wollongong be stayed until the defendant or other prosecutor appointed to prosecute the matter complies with her, or his (as the case may be), duty of disclosure.

(4) Otherwise remit the matter to the Local Court to be heard by a magistrate other than Clisdell LCM.

(5) Order the defendant to pay the plaintiff's costs of the proceedings in this Court, such costs to be paid within 14 days of an agreement as to the amount of such costs or the issue of a certificate of assessment of any such costs, whichever is the earlier. Catchwords: CRIME — Appeal and review — Appeal from Local Court to Supreme Court — By person against whom an interlocutory order is made with leave on a question of law alone

CRIME – stay of proceedings – alleged inadequacy of pre-trial disclosure by police prosecutor – temporary stay granted

CRIME – duty of disclosure – general principles – application to summary proceedings Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 53 55, 72 Criminal Procedure Act 1986 (NSW), s 183 Director of Public Prosecutions Act 1986 (NSW), s 15A Evidence Act 1995 (NSW), s 165 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 99 Cases Cited: Bimson, Roads and Maritime Services v Damorange Pty Ltd (No 2) [2014] NSWSC 827 Cunningham v Cunningham (No 2) [2012] NSWSC 954 Dietrich v The Queen (1992) 177 CLR 292; [1992] HCA 57 Gould v Director of Public Prosecutions (Cth) [2018] NSWCCA 109; (2018) 359 ALR 142 Grey v The Queen [2001] HCA 65; (2001) 75 ALJR 1708 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Mallard v The Queen (2005) 224 CLR 125; [2005] HCA 68 Marwan v Director of Public Prosecutions [2019] NSWCCA 161 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 New South Wales v Robinson [2019] HCA 46; (2019) 94 ALJR 10 R v Garofalo [1999] 2 VR 625; [1998] VSCA 145 R v Jenkin (No 2) [2018] NSWSC 697 R v Lipton (2011) 82 NSWLR 123; [2011] NSWCCA 247 R v Mokbel (Ruling No 1) [2005] VSC 410 R v PL [2009] NSWCCA 256; (2009) 261 ALR 365 R v Reardon (No 2) (2004) 60 NSWLR 454; [2004] NSWCCA 197 R v Spiteri (2004) 61 NSWLR 369; [2004] NSWCCA 321 Re K [2002] NSWCCA 374 Wilson v Police [1992] 2 NZLR 533; [1991] NZCA 179 Category: Principal judgment Parties: Harley Bradley (Plaintiff) Senior Constable Deborah Chilby (Defendant) Representation: Counsel: M Avenell (Plaintiff) K Curry (Defendant)