BUSB v Director-General of Security [2011] NSWCA 49

BUSB v Director-General of Security [2011] NSWCA 49

Given that the Court of Criminal Appeal has addressed the applicant's issues, section 17 of the Supreme Court Act 1970 requires those matters to be determined there, so the Court of Appeal will not exercise its supervisory jurisdiction. The summons is dismissed.

Jurisdiction
Australia
Judgment Date
11 March 2011
Procedural Posture
Appeal / Judgment on Summons to Court of Appeal After Jurisdictional Resolution in Court of Criminal Appeal
Outcome
Summons dismissed with no order as to costs.
Legal Topics
['jurisdiction of Appellate Courts' 'supervisory Jurisdiction' 'proper Forum']
['criminal Law' 'procedure'] ['jurisdiction of Appellate Courts' 'supervisory Jurisdiction' 'proper Forum']

Case Brief

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Procedural Posture

Appeal / Judgment on Summons to Court of Appeal After Jurisdictional Resolution in Court of Criminal Appeal

Legal Issues

  1. 1 ["Whether the Court of Appeal or Court of Criminal Appeal is the proper forum for the applicant's issues arising under s 5F of the Criminal Appeal Act 1912 and s 17 of the Supreme Court Act 1970"]

Ratio Decidendi

Given that the Court of Criminal Appeal has addressed the applicant's issues, section 17 of the Supreme Court Act 1970 requires those matters to be determined there, so the Court of Appeal will not exercise its supervisory jurisdiction. The summons is dismissed.

Court Disposition

Summons dismissed with no order as to costs.

Orders

  • ['Summons dismissed.' 'No order as to costs.']