Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Thompson [2020] NSWLEC 186

Grant Barnes, Chief Regulatory Officer, Natural Resources Access Regulator v Thompson [2020] NSWLEC 186

As there is no trial judge appointed and no substantive hearing has commenced, the application to refer questions of law under s 5AE(1) of the Criminal Appeal Act 1912 is premature. The Court therefore lacks jurisdiction to refer the questions at this stage and the Notice of Motion must be dismissed.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Criminal Prosecution / Interlocutory Application (notice of Motion)
Outcome
Notice of Motion dismissed
Legal Topics
['referral of Questions of Law' 'powers of Trial Judge' 'prematurity of Interlocutory Application' 'interpretation of S 5 Ae(1) Criminal Appeal Act']
['criminal Law' 'water Law' 'environmental Law' 'procedure'] ['referral of Questions of Law' 'powers of Trial Judge' 'prematurity of Interlocutory Application' 'interpretation of S 5 Ae(1) Criminal Appeal Act']

Source-derived case record

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Procedural Posture

Criminal Prosecution / Interlocutory Application (notice of Motion)

Legal Issues

  1. 1 ['Whether the Court can refer questions of law to the Court of Criminal Appeal under s 5AE(1) Criminal Appeal Act 1912 at this stage' "Whether a judge is 'hearing the proceedings' where no trial judge has been appointed"]

Ratio Decidendi

As there is no trial judge appointed and no substantive hearing has commenced, the application to refer questions of law under s 5AE(1) of the Criminal Appeal Act 1912 is premature. The Court therefore lacks jurisdiction to refer the questions at this stage and the Notice of Motion must be dismissed.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Notice of Motion filed by the Prosecutor on 2 December 2020 is dismissed.']