MADDOCKS v DIRECTOR OF PUBLIC PROSECUTIONS and ANOR [1997] NSWCA 192

MADDOCKS v DIRECTOR OF PUBLIC PROSECUTIONS and ANOR [1997] NSWCA 192

The court declined to grant prerogative relief because of the significant and unexplained delay in bringing the application and because there was no indication of a defence to the original charge.

Parties
Applicant: Maddocks; Respondent: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
19 September 1997
Procedural Posture
Summons for Prerogative Relief / Judgment on Application for Prerogative Relief
Outcome
Summons dismissed with costs.
Legal Topics
Prerogative Relief, Delay as Discretionary Factor, Justices Act S122(2)(c)
Administrative Law Prerogative Relief Delay as Discretionary Factor Justices Act S122(2)(c)

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Parties

Maddocks

Applicant

Director of Public Prosecutions

Respondent

Procedural Posture

Summons for Prerogative Relief / Judgment on Application for Prerogative Relief

Legal Issues

  1. 1 Whether relief in the nature of prerogative orders should be granted given the delay between the matter complained of and filing of proceedings

Ratio Decidendi

The court declined to grant prerogative relief because of the significant and unexplained delay in bringing the application and because there was no indication of a defence to the original charge.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed with costs.