NITIVA v DIRECTOR OF PUBLIC PROSECUTIONS & ORS [1999] NSWCA 272

NITIVA v DIRECTOR OF PUBLIC PROSECUTIONS & ORS [1999] NSWCA 272

Because the first opponent agreed that orders 1 to 3 in the summons should be made and the claimant was subject to a custodial sentence, the Court made the orders sought, amended order 1 to quash the orders and conviction, discharged the claimant from bail, and made no order as to costs.

Jurisdiction
Australia
Judgment Date
23 July 1999
Procedural Posture
Summons Seeking Orders in the Nature of Certiorari and Remittance of Proceedings to the Local Court / Court of Appeal Orders Made on Summons; Reasons Reserved to Be Delivered Later
Outcome
Orders 1 to 3 in the summons made; claimant discharged from bail; no order as to costs.
Legal Topics
['certiorari' 'remittance to Local Court' 'bail' 'costs' 'quashing Conviction and Orders']
['administrative Law' 'criminal Procedure'] ['certiorari' 'remittance to Local Court' 'bail' 'costs' 'quashing Conviction and Orders']

Case Brief

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Procedural Posture

Summons Seeking Orders in the Nature of Certiorari and Remittance of Proceedings to the Local Court / Court of Appeal Orders Made on Summons; Reasons Reserved to Be Delivered Later

Legal Issues

  1. 1 ['Whether orders in the nature of certiorari should be made against the District Court and a Magistrate of the Local Court.' 'Whether the proceedings should be returned to the Local Court so that the information against the claimant may be dealt with according to law.' 'Whether the claimant should be discharged from bail and what order should be made as to costs.']

Ratio Decidendi

Because the first opponent agreed that orders 1 to 3 in the summons should be made and the claimant was subject to a custodial sentence, the Court made the orders sought, amended order 1 to quash the orders and conviction, discharged the claimant from bail, and made no order as to costs.

Court Disposition

Orders 1 to 3 in the summons made; claimant discharged from bail; no order as to costs.

Orders

  • ['Orders 1 to 3 in the summons made.' 'Order 1 amended by adding the words "and conviction" after "Orders" on the second last line, so that the orders and conviction made by Naughten DCJ are quashed.' 'The claimant is discharged from his bail.' 'No order as to costs.' 'The question of any further orders reserved...