Byron Shire Council v Vigden C J & Donna's Beach Pty Limited [1999] NSWLEC 198

Byron Shire Council v Vigden C J & Donna's Beach Pty Limited [1999] NSWLEC 198

The Court had already disposed of the proceedings by a judicial decision dismissing the summons. The signing and filing of the minute of final order under Pt 15 r 4 of the Land and Environment Court Rules 1996 was only a clerical step and did not defer the effect or completion of the Court's determination. The Court was therefore functus officio and had no power under s 5AE of the Criminal Appeal Act 1912 to state a case for the Court of Criminal Appeal.

Jurisdiction
Australia
Judgment Date
08 September 1999
Procedural Posture
Proceedings in the Land and Environment Court in Its Summary Jurisdiction / Notice of Motion Seeking That the Judge State a Case for the Court of Criminal Appeal After Delivery of Judgment Dismissing the Summons But Before Signing and Filing of the Minute of Final Order
Outcome
Notice of motion dismissed; costs stood over for argument.
Legal Topics
['stated Case' 'functus Officio' 'finality of Litigation' 'entry of Orders' 'permanent Stay']
['practice and Procedure' 'criminal Procedure' 'land and Environment'] ['stated Case' 'functus Officio' 'finality of Litigation' 'entry of Orders' 'permanent Stay']

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

Proceedings in the Land and Environment Court in Its Summary Jurisdiction / Notice of Motion Seeking That the Judge State a Case for the Court of Criminal Appeal After Delivery of Judgment Dismissing the Summons But Before Signing and Filing of the Minute of Final Order

Legal Issues

  1. 1 ['Whether the Court had power to state a case for the Court of Criminal Appeal after judgment had been delivered dismissing the summons but before the Registrar signed and filed a minute of the final order.' 'Whether the proceedings had been completed for the purposes of s 5AE of the Criminal Appeal Act 1912 before entry of the minute of final order.' 'Whether signing and filing a minute of final order under Pt 15 r 4 of the Land and Environment Court Rules 1996 was a clerical step or affected the finality of the judicial decision.']

Ratio Decidendi

The Court had already disposed of the proceedings by a judicial decision dismissing the summons. The signing and filing of the minute of final order under Pt 15 r 4 of the Land and Environment Court Rules 1996 was only a clerical step and did not defer the effect or completion of the Court's determination. The Court was therefore functus officio and had no power under s 5AE of the Criminal Appeal Act 1912 to state a case for the Court of Criminal Appeal.

Court Disposition

Notice of motion dismissed; costs stood over for argument.

Orders

  • ['The Notice of Motion filed on 16 June 1999 be dismissed.' 'The question of costs be stood over for argument.']