Kang v Bishop

[2019] NSWCA 7

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Kang v Bishop [2019] NSWCA 7

Hearing dates:

4 February 2019

Date of orders:

04 February 2019

Decision date:

08 February 2019

Before:

Gleeson JA at [1]
Sackville AJA at [40]

Decision:

(1)   Summons seeking leave to appeal dismissed.

 

(2)   Appeal dismissed as incompetent.

 (3)   Applicant/appellant pay the first and second respondents’ costs of the summons and of the appeal.

Catchwords:

APPEAL – leave to appeal – whether prosecutions of the applicant for offences under Crimes Act 1900 (NSW) validly commenced – whether “any person” in s 14 of Criminal Procedure Act 1986 (NSW) should be read down – where primary judge dismissed application for judicial review – whether decision attended by error

Legislation Cited:

Commonwealth Constitution
Crimes Act 1900 (NSW), ss 178BB, 192E, 192G
Crimes (Appeal and Review) Act 2001 (NSW), s 18
Criminal Appeal Act 1912 (NSW), s 5B(2)
Criminal Procedure Act 1986 (NSW), ss 3,14, 173, 174
Fair Trading Act 1987 (NSW),
Judiciary Act 1903 (Cth), s 78B
Migration Agents Registration Application Charge Act 1997 (Cth)
Migration Act 1958 (Cth), ss 275-332H
Supreme Court Act 1970 (NSW), s 101(2)(r)
Uniform Civil Procedure Rules 2005 (NSW), r 1.21(1), 42.1

Cases Cited:

Australian Competition Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292; [1999] FCA 1151
Sagacious Legal Pty Ltd v Wesfarmers General Insurance Ltd (No 3) [2010] FCA 428; (2010) 267 ALR 623
Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185
Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206
Work Health Authority v Outback Ballooning Pty Ltd [2019] HCA 2

Category:

Principal judgment

Parties:

Edward Kang (Applicant)
Jay Bishop (First Respondent)
Department of Finance, Services and Innovation (Second Respondent)
Local Court of New South Wales (Third Respondent)

Representation:

Counsel:
Edward Kang (Self-represented Applicant)
T L Phillips (First and Second Respondents)

  Solicitors:
Legal Exchange (Applicant)
Crown Solicitor’s Office (First and Second Respondents)

File Number(s):

2018/2427422018/ 359322

Publication restriction:

No

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Common Law

Citation:

[2018] NSWSC 1073

Date of Decision:

12 July 2018

Before:

Schmidt J

File Number(s):

2017/93130

Judgment

1. GLEESON JA: The applicant, Edward Kang, seeks leave to appeal against orders of a judge of the Common Law Division (Schmidt J) dismissing with costs an application for judicial review of decisions of the Local Court made on 29 November 2016 and 29 March 2017. The Local Court convicted the applicant of 16 offences of fraud or intention to defraud by false or misleading statement contrary to ss 192E and 192G of the Crimes Act 1900 (NSW) and imposed a sentence of a term of imprisonment of 12 months with a non-parole period of 9 months: Kang v Bishop (No 2) [2018] NSWSC 1073.

2. As the orders sought to be challenged do not concern a matter involving a dispute of a value of $100,000 or more, the applicant requires…