Baker v Attorney General for New South Wales

Case

[2013] NSWCA 329

30 August 2013


Details
AGLC Case Decision Date
Baker v Attorney General for New South Wales [2013] NSWCA 329 [2013] NSWCA 329 30 August 2013

CaseChat Overview and Summary

In *Baker v Attorney General for New South Wales*, the applicant sought judicial review concerning a claimed right to trial by jury for traffic offences and the validity of judicial appointments. The matter came before Basten and Ward JJA of the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the applicant possessed a right to trial by jury in relation to traffic offences and whether the appointments of judicial officers were valid. The applicant's claim hinged on these two interconnected points.

The court considered the applicant's application for leave to appeal, which had been filed in time. However, there was no evidence presented regarding the timely service of the relevant documents. The court ultimately dismissed the application for leave to appeal. The court also made orders directing that the Attorney General for New South Wales be named as the respondent and, to the extent necessary, extended the time for service of the notice of intention to appeal and the summons seeking leave to appeal until 30 April 2013.
Details

Areas of Law

  • Administrative Law

  • Constitutional Law

  • Criminal Law

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Standing

  • Appeal

  • Procedural Fairness

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Cases Citing This Decision

4

Baker v NSW Police Force [2014] NSWSC 907
Cases Cited

3

Statutory Material Cited

8

Byrnes v The Queen [1999] HCA 38