Wise v Schneider [2015] NSWSC 725

Wise v Schneider [2015] NSWSC 725

The Magistrate's reasons were not legally inadequate because they disclosed that the charges were dismissed due to lack of satisfaction on the basal facts, even though that factual conclusion was perverse. However, procedural fairness was denied because the Magistrate rejected the undisputed evidence that the inspectors attended, obtained alcohol and did not consume food after both the parties had conducted the case on that basis and the Magistrate had described those facts as uncontrovertible. The dismissal orders therefore had to be set aside, and the costs order under s 213(1) could not stand once the dismissals were set aside.

Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Appeal Under S 56(1) of the Crimes (appeal and Review) Act 2001 Against Dismissal of Charges and Costs Order / Supreme Court of New South Wales Decision on Appeal From Local Court
Outcome
Appeal allowed on procedural fairness ground; Local Court dismissal and costs orders set aside; proceedings remitted to the Local Court.
Legal Topics
['appeal on a Question of Law Alone' 'sale or Supply of Liquor Contrary to Licence' 'adequacy of Reasons' 'procedural Fairness' 'summary Proceedings Costs']
['criminal Law' 'liquor Licensing' 'administrative Law' 'costs'] ['appeal on a Question of Law Alone' 'sale or Supply of Liquor Contrary to Licence' 'adequacy of Reasons' 'procedural Fairness' 'summary Proceedings Costs']

Case Brief

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Procedural Posture

Appeal Under S 56(1) of the Crimes (appeal and Review) Act 2001 Against Dismissal of Charges and Costs Order / Supreme Court of New South Wales Decision on Appeal From Local Court

Legal Issues

  1. 1 ['Whether the Local Court Magistrate failed to give adequate reasons for dismissing the charges under s 9(1)(b) of the Liquor Act 2007.' 'Whether the Magistrate denied procedural fairness by rejecting uncontested evidence after stating that the relevant facts were uncontrovertible.' 'Whether the Local Court costs order under s 213 of the Criminal Procedure Act 1986 could stand if the dismissal orders were set aside.' 'Whether the proceedings should be remitted to be heard by a different magistrate.']

Ratio Decidendi

The Magistrate's reasons were not legally inadequate because they disclosed that the charges were dismissed due to lack of satisfaction on the basal facts, even though that factual conclusion was perverse. However, procedural fairness was denied because the Magistrate rejected the undisputed evidence that the inspectors attended, obtained alcohol and did not consume food after both the parties had conducted the case on that basis and the Magistrate had described those facts as uncontrovertible. The dismissal orders therefore had to be set aside, and the costs order under s 213(1) could not stand once the dismissals were set aside.

Court Disposition

Appeal allowed on procedural fairness ground; Local Court dismissal and costs orders set aside; proceedings remitted to the Local Court.

Orders

  • ['The orders made by the Local Court on 7 October 2014 dismissing ACN 2013/246740-002 and 2013/246740-001 be set aside.' 'The order for costs made in favour of the defendant against the plaintiff on 7 October 2014 be set aside.' 'The proceedings be remitted to the Local Court to be dealt with according to law.' 'On...