The 28-day minimum period for postal service of summonses under s 63(2) of the Justices Act 1902 (NSW) was mandatory and a condition precedent to valid service; non-compliance invalidated service. Lodging a written notice of pleading indicating a not guilty plea did not constitute waiver of the right to object to irregular service. Appeals under s 18(1) of the Crimes (Local Courts Appeal and Review) Act 2001 are rehearings on the transcript, not hearings de novo. The Justices Act 1902 has since been repealed, limiting the ongoing significance of the statutory construction holding, though the waiver and appeal nature principles remain relevant.
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