Henskens v Rudd [2020] NSWSC 533

Supreme Court New South Wales

Medium Neutral Citation: Henskens v Rudd [2020] NSWSC 533 Hearing dates: 8 May 2020 Decision date: 11 May 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Refuse leave to appeal.

(2) Order the plaintiff to pay the sixth and seventh defendants' costs of the proceedings.

(3) Otherwise dismiss the second further amended summons filed on 6 April 2020.

(4) Remove the seventh defendant as a party to the proceedings. Catchwords: APPEALS — Application for leave to appeal from Local Court to Supreme Court — magistrate refused permanent stay of criminal proceedings in the Local Court — assurance given to accused person that he would not be charged — police officer who gave assurance unaware of separate charges relating to the taking and distribution of visual images of the complainant

APPEALS — magistrate applied correct principles — factual findings open — principles of promissory estoppel do not apply in this context — leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 3, 4, Sch 1 Crimes Act 1900 (NSW), ss 91P, 91Q Crimes (Appeal and Review) Act 2001 (NSW), s 53 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 84, 91 Local Court Act 2007 (NSW), Pt 4 Cases Cited: Adler v DPP [2004] NSWCCA 352 Green v The Queen; Quinn v The Queen (2011) 244 CLR 462; [2011] HCA 49 Jago v The District Court of New South Wales (1989) 168 CLR 23; [1989] HCA 46 L v Johnson & the DPP [2003] NSWSC 1246 R v Birks (1990) 19 NSWLR 677 Strickland (a pseudonym) v Director of Public Prosecutions (Cth) [2018] HCA 53; (2018) 93 ALJR 1 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387; [1988] HCA 7 Category: Principal judgment Parties: Peter G Henskens (Plaintiff) Detective Jarrad Rudd (Sixth Defendant) Senior Constable Leah Hughes (Seventh Defendant) Representation: Counsel: Self-represented (Plaintiff) K Curry (Sixth and Seventh Defendants)