Hargrave & Anor v Slater & Anor [2000] NSWSC 387

Hargrave & Anor v Slater & Anor [2000] NSWSC 387

The Magistrate's ruling on expert status was not an error of law and was made within jurisdiction; prerogative relief is not available and leave to appeal is refused as the ruling does not raise a clear point of law and intervention would fragment criminal proceedings.

Jurisdiction
Australia
Judgment Date
04 May 2000
Procedural Posture
Application for Prerogative Relief/leave to Appeal / Judgment on Application
Outcome
Application dismissed with costs.
Legal Topics
['prerogative Relief' 'expert Evidence' 'interlocutory Orders' 'appeals in Criminal Proceedings']
['criminal Law' 'administrative Law'] ['prerogative Relief' 'expert Evidence' 'interlocutory Orders' 'appeals in Criminal Proceedings']

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

Application for Prerogative Relief/leave to Appeal / Judgment on Application

Legal Issues

  1. 1 ['Whether prerogative relief should be granted for interlocutory ruling in criminal proceedings' 'Whether leave to appeal interlocutory ruling should be granted' "Meaning of 'manipulate' under Chiropractors and Osteopaths Act 1991" 'Status of witness as expert']

Ratio Decidendi

The Magistrate's ruling on expert status was not an error of law and was made within jurisdiction; prerogative relief is not available and leave to appeal is refused as the ruling does not raise a clear point of law and intervention would fragment criminal proceedings.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application dismissed with costs.']