Rapson v Wright [1999] NSWSC 534

Rapson v Wright [1999] NSWSC 534

Although the Supreme Court could not itself dismiss the Local Court informations, it had power to lift the previously entered permanent stays pro tanto. The discretion should be exercised because leaving the stays unmodified would prevent dismissal of informations that could not proceed or succeed, where the parties' rights might depend on whether the criminal proceedings were dismissed, and because costs in the Local Court could only arise once dismissal orders were made there.

Jurisdiction
Australia
Judgment Date
02 June 1999
Procedural Posture
Motion in Supreme Court Supervisory Proceedings Concerning Permanent Stay of Local Court Criminal Informations / Application to Vary or Lift Permanent Stay After Orders Had Been Entered
Outcome
Permanent stays varied by being lifted only so far as necessary to permit the Local Court to dismiss the informations and determine costs applications; first and second defendants ordered to pay the plaintiffs' costs of the motion.
Legal Topics
['stay of Proceedings' 'abuse of Process' 'supervisory Jurisdiction' 'local Court Informations' 'costs']
['criminal Law' 'civil Procedure'] ['stay of Proceedings' 'abuse of Process' 'supervisory Jurisdiction' 'local Court Informations' 'costs']

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Procedural Posture

Motion in Supreme Court Supervisory Proceedings Concerning Permanent Stay of Local Court Criminal Informations / Application to Vary or Lift Permanent Stay After Orders Had Been Entered

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW could make orders dismissing informations in the Local Court.' 'Whether the Supreme Court of NSW had power, after entry of its earlier orders, to lift or vary a permanent stay of Local Court proceedings.' 'Whether the discretion to lift the stay pro tanto should be exercised to permit the Local Court to dismiss the informations and determine costs.']

Ratio Decidendi

Although the Supreme Court could not itself dismiss the Local Court informations, it had power to lift the previously entered permanent stays pro tanto. The discretion should be exercised because leaving the stays unmodified would prevent dismissal of informations that could not proceed or succeed, where the parties' rights might depend on whether the criminal proceedings were dismissed, and because costs in the Local Court could only arise once dismissal orders were made there.

Court Disposition

Permanent stays varied by being lifted only so far as necessary to permit the Local Court to dismiss the informations and determine costs applications; first and second defendants ordered to pay the plaintiffs' costs of the motion.

Orders

  • ['The permanent stay granted in respect of each of the informations referred to in the earlier order be lifted so far and only in so far as is necessary to permit the Local Court to dismiss the said informations.' 'The permanent stay be lifted so far and only in so far as is necessary to permit the Local Court to...