Collier v NSW Police Service [2012] NSWSC 1525

Collier v NSW Police Service [2012] NSWSC 1525

The bonds prepared for the plaintiff included a drug and alcohol counselling condition that the magistrate had not imposed, so there was no failure to enter into bonds in accordance with the order and no basis to revoke the bonds and impose fines; that sentence was quashed. The remaining claims either had already been dealt with, related to no conviction entered on 26 March 2012, or had no proper evidentiary or legal basis, so the summons was dismissed and the plaintiff was ordered to pay the defendants' costs.

Jurisdiction
Australia
Judgment Date
29 November 2012
Procedural Posture
Interlocutory Applications / Hearing of Summons Filed on 27 June 2012 and Amended Summons Filed 2 November 2012
Outcome
The sentence of 26 March 2011 was quashed, but the summons was dismissed and the plaintiff was ordered to pay the defendants' costs.
Legal Topics
['prerogative Relief' 'crimes (appeal and Review) Act Relief' 'revocation of Bonds' 'traffic Offences' 'contempt of Court' 'costs' 'dismissal of Summons']
['criminal Procedure' 'administrative Law' 'civil Procedure'] ['prerogative Relief' 'crimes (appeal and Review) Act Relief' 'revocation of Bonds' 'traffic Offences' 'contempt of Court' 'costs' 'dismissal of Summons']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Applications / Hearing of Summons Filed on 27 June 2012 and Amended Summons Filed 2 November 2012

Legal Issues

  1. 1 ["Whether the Local Court had power to revoke the plaintiff's bonds and impose fines when the bonds prepared for signature included a condition not imposed by the magistrate." 'Whether prerogative relief should be granted to quash convictions and sentence of 7 April 2010.' 'Whether prerogative relief should be granted in relation to an asserted conviction and sentence on 26 March 2012.' 'Whether Magistrate Stevenson should be removed from any lower court proceedings.' 'Whether the magistrate, Sergeant Donaghy and Registrar Nicholls should be referred for criminal charges or brought before the Court for contempt.' 'Whether the plaintiff was entitled to costs and compensation of $2,500,000.' 'Whether the summons should be dismissed under r 13.4 of the Uniform Civil Procedure Rules 2005.']

Ratio Decidendi

The bonds prepared for the plaintiff included a drug and alcohol counselling condition that the magistrate had not imposed, so there was no failure to enter into bonds in accordance with the order and no basis to revoke the bonds and impose fines; that sentence was quashed. The remaining claims either had already been dealt with, related to no conviction entered on 26 March 2012, or had no proper evidentiary or legal basis, so the summons was dismissed and the plaintiff was ordered to pay the defendants' costs.

Court Disposition

The sentence of 26 March 2011 was quashed, but the summons was dismissed and the plaintiff was ordered to pay the defendants' costs.

Orders

  • ['The NSW Police Service is removed as a party and Kate Lancer is substituted as first defendant.' 'The sentence of 26 March 2011 is quashed.' "Plaintiff to pay the defendants' costs." 'Summons dismissed.']