Fairfax Digital Australia & New Zealand Pty Ltd v District Court of New South Wales [2012] NSWCA 172

Fairfax Digital Australia & New Zealand Pty Ltd v District Court of New South Wales [2012] NSWCA 172

Because the appeal from the District Court suppression orders in its criminal jurisdiction lay to the Court of Criminal Appeal rather than the Court of Appeal, the application for leave to appeal to the Court of Appeal had to be dismissed. Because the applicants had a statutory right of appeal, the attempted invocation of supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) also had to be dismissed.

Jurisdiction
Australia
Judgment Date
13 June 2012
Procedural Posture
Application for Leave to Appeal and Application for Relief Under S 69 of the Supreme Court Act 1970 (nsw) Concerning District Court Suppression/non Publication Orders / Court of Appeal Decision on Jurisdiction and Dismissal of Amended Summons
Outcome
Application dismissed; no order as to costs.
Legal Topics
['judicial Review' 'supervisory Jurisdiction' 'suppression and Non Publication Orders' 'appeal Jurisdiction' 'costs']
['administrative Law' 'appeal' 'criminal Procedure'] ['judicial Review' 'supervisory Jurisdiction' 'suppression and Non Publication Orders' 'appeal Jurisdiction' 'costs']

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Procedural Posture

Application for Leave to Appeal and Application for Relief Under S 69 of the Supreme Court Act 1970 (nsw) Concerning District Court Suppression/non Publication Orders / Court of Appeal Decision on Jurisdiction and Dismissal of Amended Summons

Legal Issues

  1. 1 ['Whether an appeal from a suppression order made by the District Court in its criminal jurisdiction lies to the Court of Appeal or the Court of Criminal Appeal.' "Whether the applicants should be permitted to invoke the Supreme Court's supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) where a statutory right of appeal was available." 'Whether costs should be awarded in the Court of Appeal proceedings.']

Ratio Decidendi

Because the appeal from the District Court suppression orders in its criminal jurisdiction lay to the Court of Criminal Appeal rather than the Court of Appeal, the application for leave to appeal to the Court of Appeal had to be dismissed. Because the applicants had a statutory right of appeal, the attempted invocation of supervisory jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) also had to be dismissed.

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['To the extent that the amended summons sought leave to appeal from the orders made in the District Court, dismiss the application.' 'To the extent that the amended summons sought relief pursuant to s 69 of the Supreme Court Act 1970 (NSW) in relation to the orders made in the District Court, dismiss the...