Markisic & anor v Nicholson CJ [2002] NSWSC 771

Markisic & anor v Nicholson CJ [2002] NSWSC 771

The Court held that it had no jurisdiction in its summary jurisdiction to hear and determine the charges alleged against Nicholson CJ, as offences under sections 32, 33, and 34(b) of the Crimes Act 1914 (Cth) are not included among those over which the Supreme Court of New South Wales has summary jurisdiction.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 August 2002
Procedural Posture
Criminal Application / Application to Commence Prosecution—judgment on Dismissal of Summons
Outcome
Summons dismissed with no order as to costs.
Legal Topics
['summary Jurisdiction' 'offences Under Crimes Act 1914 (cth)' 'judicial Immunity']
['criminal Law' 'jurisdiction'] ['summary Jurisdiction' 'offences Under Crimes Act 1914 (cth)' 'judicial Immunity']

Source-derived case record

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Procedural Posture

Criminal Application / Application to Commence Prosecution—judgment on Dismissal of Summons

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales has summary jurisdiction to hear charges under sections 32, 33, and 34(b) of the Crimes Act 1914 (Cth) against Nicholson CJ' 'Whether the Amended Summons sufficiently specifies offences as required by prior order']

Ratio Decidendi

The Court held that it had no jurisdiction in its summary jurisdiction to hear and determine the charges alleged against Nicholson CJ, as offences under sections 32, 33, and 34(b) of the Crimes Act 1914 (Cth) are not included among those over which the Supreme Court of New South Wales has summary jurisdiction.

Court Disposition

Summons dismissed with no order as to costs.

Orders

  • ['Summons dismissed with no order as to costs.']