Messina v Bridie [1966] HCA 20

Messina v Bridie [1966] HCA 20

The appeal was dismissed because the certificate produced, even if regarded as issued under s. 498 of the Crimes Act, did not disclose any of the specified grounds of dismissal required by that section. It was therefore not a certificate which, by virtue of s. 499, affected the rights of the parties to the civil action, and there was no reason to grant certiorari to quash it.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave in Proceedings for Certiorari Concerning a Certificate of Dismissal / High Court Appeal From the Full Court of the Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
['assault' 'autrefois Acquit' 'certificate of Dismissal' 'certiorari' 'bar to Civil Proceedings' 'justices Act Certificate' 'crimes Act Certificate']
['criminal Procedure' 'administrative Law' 'civil Procedure' 'torts'] ['assault' 'autrefois Acquit' 'certificate of Dismissal' 'certiorari' 'bar to Civil Proceedings' 'justices Act Certificate' 'crimes Act Certificate']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal by Special Leave in Proceedings for Certiorari Concerning a Certificate of Dismissal / High Court Appeal From the Full Court of the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the certificate of dismissal signed by the magistrate was a certificate under s. 498 of the Crimes Act, 1900 N.S.W. capable of affecting civil proceedings under s. 499.' 'Whether a certificate under s. 498 must follow a dismissal on one of the grounds stated in that section and show that ground on its face.' 'Whether certiorari should issue to quash the certificate of dismissal.']

Ratio Decidendi

The appeal was dismissed because the certificate produced, even if regarded as issued under s. 498 of the Crimes Act, did not disclose any of the specified grounds of dismissal required by that section. It was therefore not a certificate which, by virtue of s. 499, affected the rights of the parties to the civil action, and there was no reason to grant certiorari to quash it.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']