Sullivan v Senior Constable D Moore
Case
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[2008] NSWCA 160
•4 July 2008
Details
AGLC
Case
Decision Date
Sullivan v Senior Constable D Moore [2008] NSWCA 160
[2008] NSWCA 160
4 July 2008
CaseChat Overview and Summary
Sullivan v Senior Constable D Moore concerned an appeal to the Court of Appeal of New South Wales. The appellant, Sullivan, sought to challenge a decision made by a lower court. The precise nature of the dispute involved a criminal law and procedure matter, though the specific factual matrix giving rise to the proceedings is not detailed in the provided text.
The central legal issue before the Court of Appeal was the determination of the validity of the summons issued against the appellant. This required the court to consider the relevant provisions of criminal law and procedure governing the issuance and challenge of such summonses.
The Court of Appeal ultimately dismissed the summons. While the detailed reasoning of Beazley JA, Giles JA, and Campbell JA is not provided, the outcome indicates that the court found no grounds to uphold the summons. The appeal was dismissed with costs awarded to the respondent, Senior Constable D Moore.
The central legal issue before the Court of Appeal was the determination of the validity of the summons issued against the appellant. This required the court to consider the relevant provisions of criminal law and procedure governing the issuance and challenge of such summonses.
The Court of Appeal ultimately dismissed the summons. While the detailed reasoning of Beazley JA, Giles JA, and Campbell JA is not provided, the outcome indicates that the court found no grounds to uphold the summons. The appeal was dismissed with costs awarded to the respondent, Senior Constable D Moore.
Details
Key Legal Topics
Areas of Law
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Criminal Law
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Civil Procedure
Legal Concepts
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Costs
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Appeal
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
R v Hickman; ex parte Fox and Clinton
[1945] HCA 53
Schokman v Director of Public Prosecutions
[2001] NSWCA 334
Boulus v Broken Hill Theatres Pty Ltd
[1949] HCA 8