WILLIAMS v BLACKLEY [2010] NSWCA 246

WILLIAMS v BLACKLEY [2010] NSWCA 246

There is no reasonably arguable case to challenge the refusal of relief by the primary judge, as no proper legal or evidential basis was established for review or for overturning the acquittals in the summary criminal proceedings, and certiorari could not be granted in these circumstances.

Parties
Applicant: Colin Bruce Williams; First Respondent: Terry Arnold Blackley; Second Respondent: Andrew Henry Van Kooten
Jurisdiction
Australia
Judgment Date
17 September 2010
Procedural Posture
Application for Leave to Appeal / Leave to Appeal to Court of Appeal From Supreme Court
Outcome
Leave to appeal refused
Legal Topics
Judicial Review, Acquittal, Double Jeopardy, Costs, Summary Proceedings
Administrative Law Criminal Law Civil Procedure Judicial Review Acquittal Double Jeopardy Costs Summary Proceedings

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Parties

Colin Bruce Williams

Applicant

Terry Arnold Blackley

First Respondent

Andrew Henry Van Kooten

Second Respondent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal to Court of Appeal From Supreme Court

Legal Issues

  1. 1 Whether certiorari is available to quash an acquittal in summary criminal proceedings
  2. 2 Whether perjury or fraud in initial proceedings can justify review of an acquittal
  3. 3 Whether procedural errors regarding alibi evidence justified relief

Ratio Decidendi

There is no reasonably arguable case to challenge the refusal of relief by the primary judge, as no proper legal or evidential basis was established for review or for overturning the acquittals in the summary criminal proceedings, and certiorari could not be granted in these circumstances.

Court Disposition

Leave to appeal refused

Orders

  • Refuse leave to appeal in each matter
  • Applicant to pay respondent Mr Blackley's reasonable expenses incurred in responding to the application, including any loss of wages in attending the hearing