Collier v Cook

In *Collier v Cook*, the appellant sought a stay of criminal proceedings in the Local Court before the Supreme Court, which was refused. The appellant then appealed this refusal to the Court of Appeal.

The Court of Appeal was required to determine whether the Supreme Court had erred in refusing the stay. Specifically, the court considered whether a stay of Local Court criminal proceedings was appropriate, particularly when sought to prevent an anticipated outcome of imprisonment, and whether such an appeal or prerogative relief should be granted to fragment ongoing criminal proceedings.

Campbell JA held that appeals and prerogative relief proceedings should not fragment criminal proceedings except in exceptional circumstances. The court found that the appellant had not provided sufficient evidence to confirm that imprisonment would be the outcome of the Local Court proceedings, nor was there a demonstrable urgency. Consequently, a stay was not available to prevent an outcome that the appellant merely feared might result.

The Notice of Motion was dismissed with costs.