JW v District Court of New South Wales [2016] NSWCA 22

JW v District Court of New South Wales [2016] NSWCA 22

The Court of Appeal had jurisdiction to entertain the s 69 challenge to the District Court order refusing a stay because the District Court is a specified tribunal and, on Adler, the s 17 and Third Schedule exclusions did not deny jurisdiction over the proposed supervisory relief concerning the District Court proceedings. The challenge to the Children's Court order was not within the Court of Appeal's s 69 jurisdiction because the Children's Court is not a specified tribunal. As a single Judge of Appeal, Simpson JA could make a non-final interlocutory order under s 46(2)(b). Given acknowledged and significant procedural deficiencies in the committal process under the Children (Criminal...

Jurisdiction
Australia
Judgment Date
26 February 2016
Procedural Posture
Summons Under S 69 of the Supreme Court Act 1970 (nsw) Seeking Supervisory Relief and Interlocutory Stay of District Court Criminal Proceedings / Interlocutory Application Before a Single Judge of Appeal; Reasons for Orders Made on 19 February 2016
Outcome
Interlocutory stay granted; District Court trial stayed pending further order of the Court of Appeal.
Legal Topics
['dangerous Driving Causing Death' 'committal Proceedings Involving a Child' 'supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw)' 'jurisdiction of the Court of Appeal' 'single Judge Powers' 'interlocutory Stay of District Court Proceedings']
['criminal Law' "children's Criminal Proceedings" 'appellate Jurisdiction' 'practice and Procedure'] ['dangerous Driving Causing Death' 'committal Proceedings Involving a Child' 'supervisory Jurisdiction Under S 69 of the Supreme Court Act 1970 (nsw)' 'jurisdiction of the Court of Appeal' 'single Judge Powers' 'interlocutory Stay of District Court Proceedings']

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Procedural Posture

Summons Under S 69 of the Supreme Court Act 1970 (nsw) Seeking Supervisory Relief and Interlocutory Stay of District Court Criminal Proceedings / Interlocutory Application Before a Single Judge of Appeal; Reasons for Orders Made on 19 February 2016

Legal Issues

  1. 1 ['Whether the Court of Appeal had jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) to grant relief concerning the District Court order refusing a stay of criminal proceedings.' "Whether the Court of Appeal had jurisdiction under s 69 of the Supreme Court Act 1970 (NSW) to grant relief concerning the Children's Court committal order." 'Whether a single Judge of Appeal could make an interlocutory stay order in the proceedings.' "Whether the District Court trial should be stayed pending determination of the applicant's challenge, given deficiencies in the Children's Court committal process." "Whether the presentation of an indictment by the Director of Public Prosecutions overtook deficiencies in the Children's Court procedure."]

Ratio Decidendi

The Court of Appeal had jurisdiction to entertain the s 69 challenge to the District Court order refusing a stay because the District Court is a specified tribunal and, on Adler, the s 17 and Third Schedule exclusions did not deny jurisdiction over the proposed supervisory relief concerning the District Court proceedings. The challenge to the Children's Court order was not within the Court of Appeal's s 69 jurisdiction because the Children's Court is not a specified tribunal. As a single Judge of Appeal, Simpson JA could make a non-final interlocutory order under s 46(2)(b). Given acknowledged and significant procedural deficiencies in the committal process under the Children (Criminal...

Court Disposition

Interlocutory stay granted; District Court trial stayed pending further order of the Court of Appeal.

Orders

  • ['That the trial listed for hearing in the District Court on indictment charging [JW] with an offence against s 52A of the Crimes Act 1900 (NSW) be stayed pending further order of this Court.' 'Refer proceedings to the Registrar, Court of Appeal, for directions.' 'That the proceedings be given such expedition as is...