Palfrey v South Penrith Sand and Soil Pty Ltd

The appeal before the Court of Appeal concerned an order made by the Supreme Court in its summary jurisdiction. The Supreme Court had dismissed certain summonses issued upon an application made under s 246(1) of the *Criminal Procedure Act 1986* and had also struck out certain counts in other such summonses. The appellant sought to appeal this decision.

The central legal issue for determination by the Court of Appeal was whether an appeal lay from the Supreme Court's order. This question hinged on whether an application made or filed under s 246(1) of the *Criminal Procedure Act 1986* constituted an "information presented or filed as provided by law for the prosecution of offenders" within the meaning of the relevant appeal provisions.

Barrett JA concluded that the application made under s 246(1) was not an information presented or filed for the prosecution of offenders in the manner contemplated by the appeal provisions. Consequently, the Court of Appeal held that it lacked jurisdiction to hear the appeal. The appeal was therefore dismissed as incompetent. The appellant was ordered to pay the respondent's costs of the notice of motion and the appeal.