MARKISIC & ANOR v VIZZA & 16 ORS [2002] NSWCA 384

MARKISIC & ANOR v VIZZA & 16 ORS [2002] NSWCA 384

The Supreme Court does not have summary criminal jurisdiction for the offences charged; appeal and prerogative proceedings were incompetent; s68(2) Judiciary Act 1903 (Cth) does not confer jurisdiction in this context; all applications and appeals must be dismissed with costs.

Jurisdiction
Australia
Judgment Date
21 November 2002
Procedural Posture
Appeal / Judgment on Interlocutory and Leave Applications
Outcome
all appeals and applications dismissed with costs
Legal Topics
['summary Jurisdiction' 'supreme Court (summary Jurisdiction) Act 1967' 'federal Vs State Offences' 'judicial Review of Decisions' 'summary Dismissal']
['criminal Law' 'appeals and Review' 'jurisdiction'] ['summary Jurisdiction' 'supreme Court (summary Jurisdiction) Act 1967' 'federal Vs State Offences' 'judicial Review of Decisions' 'summary Dismissal']

Case Brief

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Procedural Posture

Appeal / Judgment on Interlocutory and Leave Applications

Legal Issues

  1. 1 ['Whether the Supreme Court of NSW has summary criminal jurisdiction over the offences charged' 'Whether declaratory or prerogative relief (mandamus) is available against a Supreme Court judge' 'Whether the proceedings are properly appealed to the Court of Appeal or Court of Criminal Appeal' 'Whether leave to appeal should be granted' 'Whether s68(2) Judiciary Act 1903 (Cth) confers additional summary criminal jurisdiction']

Ratio Decidendi

The Supreme Court does not have summary criminal jurisdiction for the offences charged; appeal and prerogative proceedings were incompetent; s68(2) Judiciary Act 1903 (Cth) does not confer jurisdiction in this context; all applications and appeals must be dismissed with costs.

Court Disposition

all appeals and applications dismissed with costs

Orders

  • ['CA 40305/02 - Summons dismissed with costs.' 'CA 40693/02 - Summons (including Motion for extension of time) dismissed with costs.' 'CA 40694/02 - Summons (including Motion for extension of time) dismissed with costs.']