KNAGGS v DIRECTOR OF PUBLIC PROSECUTIONS [2007] NSWCA 232

KNAGGS v DIRECTOR OF PUBLIC PROSECUTIONS [2007] NSWCA 232

The Court refused to set aside the 11 April 2007 decision because Mr Knaggs' central arguments about the validity of the Court Attendance Notice and the operation of s 16(2) of the Criminal Procedure Act 1986 had been addressed, with some matters assumed in his favour, and the omitted reference to the maxim generalia specialibus non derogant did not vitiate the reasoning. Johnson v Miller did not establish that the proceedings were a nullity. The amended summons was before and considered by the Court, and the additional orders it sought depended on the same arguments that had been rejected. To give effect to the Court's intention, order 1 was corrected to read "Proceedings dismissed", and...

Jurisdiction
Australia
Judgment Date
04 September 2007
Procedural Posture
Notice of Motion in Court of Appeal Proceedings / Application on Papers After Judgment Before Entry of Judgment
Outcome
Order 1 made 11 April 2007 amended to read "Proceedings dismissed"; Notice of Motion filed 29 May 2007 dismissed with costs.
Legal Topics
['application to Set Aside Judgment Before Entry' 'slip Rule' 'inherent Jurisdiction to Avoid Injustice in Court Procedure' 'court Attendance Notice Validity' 'generalia Specialibus Non Derogant']
['practice and Procedure' 'statutory Interpretation' 'criminal Procedure'] ['application to Set Aside Judgment Before Entry' 'slip Rule' 'inherent Jurisdiction to Avoid Injustice in Court Procedure' 'court Attendance Notice Validity' 'generalia Specialibus Non Derogant']

Case Brief

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Procedural Posture

Notice of Motion in Court of Appeal Proceedings / Application on Papers After Judgment Before Entry of Judgment

Legal Issues

  1. 1 ['Whether the Court should set aside its decision of 11 April 2007 on the basis that fundamental arguments by Mr Knaggs were not considered.' 'Whether the amended summons filed 3 October 2006 was before and dealt with by the Court.' 'Whether order 1 made on 11 April 2007 should be corrected under the slip rule to state that the proceedings were dismissed.']

Ratio Decidendi

The Court refused to set aside the 11 April 2007 decision because Mr Knaggs' central arguments about the validity of the Court Attendance Notice and the operation of s 16(2) of the Criminal Procedure Act 1986 had been addressed, with some matters assumed in his favour, and the omitted reference to the maxim generalia specialibus non derogant did not vitiate the reasoning. Johnson v Miller did not establish that the proceedings were a nullity. The amended summons was before and considered by the Court, and the additional orders it sought depended on the same arguments that had been rejected. To give effect to the Court's intention, order 1 was corrected to read "Proceedings dismissed", and...

Court Disposition

Order 1 made 11 April 2007 amended to read "Proceedings dismissed"; Notice of Motion filed 29 May 2007 dismissed with costs.

Orders

  • ['Order 1 made 11 April 2007 be amended to read, "Proceedings dismissed".' 'The Notice of Motion filed 29 May 2007 is dismissed with costs.']