Bagshaw v Office of the Director of Public Prosecutions [2017] NSWCA 293

Bagshaw v Office of the Director of Public Prosecutions [2017] NSWCA 293

The effect of proceedings for judicial review commenced in the NSW Court of Appeal under s 69 is to stay the operation of the District Court's order disqualifying the applicant from holding a driver licence for 12 months, pending finally determination of the proceedings, but does not affect any other disqualification orders made by other courts.

Parties
Applicant: Leith Bagshaw; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Application for Judicial Review / Interlocutory Motion in Appellate Proceedings
Outcome
Declaration granted; leave to amend notice of motion; notice stood over for further listing.
Legal Topics
Supervisory Jurisdiction, Stay of Execution, Driver Licence Disqualification, Operation of S 69 C Supreme Court Act 1970 (nsw)
Administrative Law Criminal Law Supervisory Jurisdiction Stay of Execution Driver Licence Disqualification Operation of S 69 C Supreme Court Act 1970 (nsw)

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Parties

Leith Bagshaw

Applicant

Director of Public Prosecutions

1st Respondent

District Court of New South Wales

2nd Respondent

Procedural Posture

Application for Judicial Review / Interlocutory Motion in Appellate Proceedings

Legal Issues

  1. 1 Whether the disqualification from holding a driver licence is stayed by the commencement of judicial review proceedings under s 69C of the Supreme Court Act 1970 (NSW)
  2. 2 Effect of s 69C on licence disqualification confirmed by District Court
  3. 3 Whether a declaration should be made clarifying operation of stay

Ratio Decidendi

The effect of proceedings for judicial review commenced in the NSW Court of Appeal under s 69 is to stay the operation of the District Court's order disqualifying the applicant from holding a driver licence for 12 months, pending finally determination of the proceedings, but does not affect any other disqualification orders made by other courts.

Court Disposition

Declaration granted; leave to amend notice of motion; notice stood over for further listing.

Orders

  • Declare that commencement of judicial review proceedings under s 69 stays operation of District Court's order disqualifying applicant from holding driver licence for 12 months from 30 May 2017.
  • Declare that stay operates pending final determination of proceedings, subject to any order or direction of the Court, but does not affect other disqualification orders.