SUPREME COURT OF SOUTH AUSTRALIA
(Civil: Application for Judicial Review)
LYMBEROPOULOS v POLICE
[2006] SASC 360
Judgment of The Honourable Justice White
30 November 2006
ADMINISTRATIVE LAW - JUDICIAL REVIEW - GROUNDS OF REVIEW - PROCEDURAL FAIRNESS
Application for judicial review of decisions made by a magistrate on reviews of expiation enforcement orders - self-represented litigant - procedure under Expiation of Offences Act 1996 (SA) - whether there was a denial of procedural fairness - whether applicant entitled to be heard upon oath when issue of credibility involved - whether extension of time should be granted - orders of magistrate quashed - alternative claim for misfeasance in a public office dismissed.
Expiation of Offences Act 1996 (SA) s 5, s 6, s 7, s 8, s 9, s 11, s 13, s 14; Statutes Amendment (Expiation of Offences) Act 2003 (SA); Criminal Law (Sentencing) Act 1988 (SA) s 13; Supreme Court Rules 1987 (SA) r 98.06; Magistrates Court (Civil) Rules 1992 (SA) r 47; Victims of Crime Act 2001 (SA); Statutes Amendment (Attorney-General's Portfolio) Act 2002 (SA), referred to.
R v War Pensions Entitlement Appeal Tribunal, ex parte Bott (1933) 50 CLR 228; Craig v State of South Australia (1995) 184 CLR 163; Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576; Stead v SGIC (1986) 161 CLR 141, applied.
Craig v Workers Compensation Tribunal (2004) 90 SASR 490, distinguished.
Lyberopoulos v Police [2000] SASC 412; Maxwell v Murphy (1957) 96 CLR 261; Kioa v West (1985) 159 CLR 550; Russell v Duke of Norfolk (1949) 1 All ER 109; Mobile Oil Australia Pty Ltd v Federal Commissioner of Taxation (1963) 113 CLR 475; McQuade v Marion City Council (1998) 100 A Crim R 203; Heatley v Tasmanian Racing and Gaming Commission (1977) 137 CLR 487; Chen & Others v Minister for Immigration and Ethnic Affairs (1994) 48 FCR 591; Jeffs v New Zealand Dairy Production & Marketing Board [1967] 1 AC 551; O'Neill v Mann (1994) 49 FCR 370; CanWest Global Communications Corporation v Australian Broadcasting Authority (1997) 71 FCR 485; Lovett v Le Gall (1975) 10 SASR 479; Hall v City of Burnside [2006] SASC 283; Re Minister for Immigration and Multicultural Affairs; ex parte Lam (2003) 214 CLR 1; Waco v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 131 FCR 511; R v Commonwealth Court of Conciliation and Arbitration; ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389; Re Refugee Tribunal; ex parte Aala (2000) 204 CLR 82; Cornwall v Rowan (2004) 90 SASR 269; CanWest Global Communications Corporation v Australian Broadcasting Authority (1997) 71 FCR 485, considered.
LYMBEROPOULOS v POLICE
[2006] SASC 360Civil: Application for Judicial Review
WHITE J: This is an application for judicial review of decisions made by a magistrate on reviews of expiation enforcement orders made by the Registrar of the Magistrates…
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- Lymberopoulos v Police [2006] SASC 360
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- [2006] SASC 360
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CaseChat Overview and Summary
The court found that the applicant had not been denied procedural fairness. It held that the applicant was not entitled to be heard upon oath when credibility was not at issue. The court also declined to grant an extension of time for the judicial review application. Consequently, the orders of the magistrate were quashed. The alternative claim for misfeasance in a public office was dismissed as the actions of the Fines Payment Unit were neither invalid nor unlawful, and no harm or loss to the requisite kind was caused to the plaintiff.
The court concluded that the applicant succeeded on the application for judicial review. It quashed the orders of the magistrate made on 24 June 2004 and directed the Magistrates Court, constituted by a different magistrate, to hear and determine 17 of the 19 applications for review lodged by the applicant on 10 May 2004. The court would not make orders requiring the Magistrates Court to hear afresh the two applications relating to expiation notices J1857206 and J1857237 due to lack of jurisdiction. The court would hear the parties as to costs.
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