Lewis v Sergeant Riley

Case [2017] NSWCA 272

Court of Appeal


Supreme Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Lewis v Sergeant Riley [2017] NSWCA 272
Hearing dates:7 September 2017
Decision date: 27 October 2017
Before: Basten JA at [1];
White JA at [25];
Fagan J at [37]
Decision:

(1)   Extend time for the filing of the summons seeking to review the decision of the District Court of 13 September 2016 up to and including 23 May 2017.

 

(2) Set aside the decision of the District Court holding that that Court had no jurisdiction to consider an appeal from an order made in the Local Court pursuant to s 75L of the Crimes (Forensic Procedures) Act 2000 (NSW).

(3) Declare that the District Court has jurisdiction to determine the appeals pursuant to s 70(1)(b) of the Local Court Act 2007 (NSW).
Catchwords:

PRACTICE AND PROCEDURE– appeal rights prima facie conferred by two separate provisions – appeal from orders of Local Court made under Crimes Forensic Procedures Act 2001 (NSW), s 75L – rights of appeal under Crimes (Forensic Procedures) Act, s 115A and Local Court Act 2007 (NSW), s 70 – whether Local Court Act, s 70 provided for concurrent right of appeal to District Court – whether s 115A exclusively provides for appeals from s 75L orders to the exclusion of s 70

  STATUTORY INTERPRETATION – whether inconsistency between enactments of one legislature – whether implied repeal – whether specific provision prevails over the more general – provision conferring jurisdiction not to be read down – reliance on legislative history
Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 11, 17, 18, 19, 20, 23, 26, 27, 52, 53, 55, 56, 59; Pts 2, 3, 5
Crimes (Forensic Procedures) Act 2000 (NSW), ss 75L, 115A
District Court Act 1973 (NSW), s 176
Justices Act 1902 (NSW), ss 101, 104, 112, 122; Pts 4A, 5, 5A
Local Court Act 2007 (NSW), ss 3, 43, 44, 45, 70; Pts 3, 4
Local Courts Act 1982 (NSW) ss 36, 64; Pt 6
Supreme Court Act 1970 (NSW), s 69
Cases Cited: Adrenaline Pty Ltd v Bathurst Regional Council [2015] NSWCA 123
Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trade Union of Australia (1932) 47 CLR 1; [1932] HCA 9
Minister for Immigration and Multicultural and Indigenous Affairs v Nystrom (2006) 228 CLR 566; [2006] HCA 50
Owners of the Ship “Shin Kobe Maru” v Empire Shipping Company Inc (1994) 181 CLR 404; [1994] HCA 54
Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28
Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8
Category:Principal judgment
Parties: Kristopher Stephen Luke Lewis (First Applicant)
Brett Clark (Second Applicant)
Sergeant Darren Riley (First Respondent)
Constable Natasha Humphries (Second Respondent)
District Court of New South Wales (Third Respondent)
Representation:

Counsel:
Mr Shane Prince/Ms Felicity Graham (Applicants)
Mr David Kell SC/Ms Joanna Davidson (First and Second Respondents)

  Solicitors:
Mr Jeremy Styles, Aboriginal Legal Service (NSW/ACT)…

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AGLC
Lewis v Sergeant Riley [2017] NSWCA 272
Case
[2017] NSWCA 272
Decision Date

CaseChat Overview and Summary

This matter concerned an appeal to the Supreme Court of New South Wales, Court of Appeal, brought by Lewis against Sergeant Riley. The dispute arose from the District Court's determination that it lacked jurisdiction to hear an appeal from an order made by the Local Court under section 75L of the *Crimes (Forensic Procedures) Act 2000* (NSW). Lewis contended that the District Court did possess such jurisdiction.

The central legal issues before the Court of Appeal were whether the *Local Court Act 2007* (NSW), specifically section 70, conferred a right of appeal to the District Court from orders made under section 75L of the *Crimes (Forensic Procedures) Act 2000* (NSW), and if so, whether this right was excluded by the more specific appeal provisions contained within section 115A of the *Crimes (Forensic Procedures) Act 2000* (NSW). The court was required to interpret these provisions to determine if they were inconsistent, if an implied repeal had occurred, and whether a specific provision should prevail over a more general one.

The Court of Appeal reasoned that section 70 of the *Local Court Act 2007* (NSW) provided a general right of appeal from Local Court orders, and that this provision was not implicitly repealed by the more specific appeal provisions in the *Crimes (Forensic Procedures) Act 2000* (NSW). The court applied principles of statutory interpretation, including the presumption against implied repeal and the rule that a provision conferring jurisdiction should not be read down. The court found that the District Court had erred in concluding it lacked jurisdiction.

Consequently, the Court of Appeal ordered an extension of time for Lewis to file a summons seeking to review the District Court's decision, set aside the District Court's decision on jurisdiction, and declared that the District Court does have jurisdiction to hear appeals from orders made under section 75L of the *Crimes (Forensic Procedures) Act 2000* (NSW) pursuant to section 70(1)(b) of the *Local Court Act 2007* (NSW).

Orders

Orders of the court

(1) Extend time for the filing of the summons seeking to review the decision of the District Court of 13 September 2016 up to and including 23 May 2017.

(2) Set aside the decision of the District Court holding that that Court had no jurisdiction to consider an appeal from an order made in the Local Court pursuant to s 75L of the Crimes (Forensic Procedures) Act 2000 (NSW).

(3) Declare that the District Court has jurisdiction to determine the appeals pursuant to s 70(1)(b) of the Local Court Act 2007 (NSW).

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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