CHRISTOV v MICHAEL PRICE LCM [1999] NSWSC 1264
The application was dismissed because the District Court has adequate powers to address any potential injustice from refusal to call witnesses at committal, and the plaintiff's delay and lack of demonstrated error of law did not justify discretionary intervention by the Supreme Court.
- Parties
- Plaintiff: Ivan Christov; Defendant: Mr Michael Price (LCM)
- Jurisdiction
- Australia
- Judgment Date
- 15 June 1999
- Procedural Posture
- Criminal / Application for Declaration And/or Mandamus Arising From Committal Proceedings
- Outcome
- Summons dismissed with costs.
- Legal Topics
- Committal Proceedings, Judicial Review, Calling of Witnesses, Discretionary Remedies in Criminal Procedure
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ivan Christov
Plaintiff
Mr Michael Price (LCM)
Defendant
Procedural Posture
Criminal / Application for Declaration And/or Mandamus Arising From Committal Proceedings
Legal Issues
- 1 Whether the Magistrate erred in refusing the application to call certain witnesses at committal under s48E of the Justices Act 1902
- 2 Whether a declaration or mandamus should be granted to compel the calling of witnesses in committal proceedings
- 3 Whether this Court should intervene in the committal process prior to trial
Ratio Decidendi
The application was dismissed because the District Court has adequate powers to address any potential injustice from refusal to call witnesses at committal, and the plaintiff's delay and lack of demonstrated error of law did not justify discretionary intervention by the Supreme Court.
Court Disposition
Summons dismissed with costs.
Orders
- Application dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment