Collier v Cook & Ors [2012] NSWCA 50

Collier v Cook & Ors [2012] NSWCA 50

The notice of motion was dismissed because the transfer order had already taken effect and could not be stayed, the applicant did not establish an arguable jurisdictional basis for prerogative relief or a stay of the forthcoming Local Court proceedings, the feared imprisonment was unsupported by admissible evidence and did not establish urgency, and interlocutory intervention fragmenting incomplete criminal proceedings was not justified by exceptional circumstances.

Jurisdiction
Australia
Judgment Date
22 March 2012
Procedural Posture
Application for Leave to Appeal With Notice of Motion for Stay of Local Court Proceedings / Notice of Motion for Stay Pending Leave to Appeal
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['stay of Proceedings' 'prerogative Relief' 'interlocutory Appeal' 'local Court Criminal Proceedings' 'good Behaviour Bond' 'jurisdiction']
['appeal and New Trial' 'criminal Procedure' 'sentencing'] ['stay of Proceedings' 'prerogative Relief' 'interlocutory Appeal' 'local Court Criminal Proceedings' 'good Behaviour Bond' 'jurisdiction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal With Notice of Motion for Stay of Local Court Proceedings / Notice of Motion for Stay Pending Leave to Appeal

Legal Issues

  1. 1 ['Whether proceedings in the Local Court should be stayed pending the hearing of an application for leave to appeal against the decision of Davies J.' 'Whether an order transferring proceedings from Penrith Local Court to Bathurst could be stayed after it had taken effect.' 'Whether alleged irregularities concerning the good behaviour bond and notification of proceedings provided a basis for prerogative relief on jurisdictional grounds.' 'Whether feared imprisonment or alleged apprehended bias by Magistrate Stevenson justified urgent interlocutory intervention in incomplete criminal proceedings.']

Ratio Decidendi

The notice of motion was dismissed because the transfer order had already taken effect and could not be stayed, the applicant did not establish an arguable jurisdictional basis for prerogative relief or a stay of the forthcoming Local Court proceedings, the feared imprisonment was unsupported by admissible evidence and did not establish urgency, and interlocutory intervention fragmenting incomplete criminal proceedings was not justified by exceptional circumstances.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The notice of motion is dismissed with costs.']