Director of Public Prosecutions v Priestley

[2014] NSWCA 25

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Court of Appeal (NSW)
4. › Appeal from Supreme Court on appeal from Local Court
5. › Whether question of general public importance
6. › Whether appropriate vehicle for test case
7. › Whether appeal academic where no remittal sought
8. › Supreme Court Act 1970 (NSW), s 101(2)(h)
1. Statutory Interpretation
2. › Construction of penal provisions
3. › Council notice prohibiting conduct in public place
4. › Meaning of 'staying overnight'
5. › Whether void for uncertainty
6. › Local Government Act 1993 (NSW), s 632
1. Local Government
2. › Power to erect notices prohibiting conduct in public places
3. › Whether area under building awning or forecourt is a 'public place'
4. › Sufficiency of evidence to establish public place
5. › Local Government Act 1993 (NSW), ss 632, 697

Quick Take

An applicant for leave to appeal under s 101(2)(h) of the Supreme Court Act 1970 (NSW) must establish more than that the primary judge was arguably wrong; leave will ordinarily only be granted where the matter involves issues of principle, questions of general public importance, or an issue that is reasonably clear beyond what is merely arguable. A proposed appeal that is academic because no remittal is sought, or that does not provide a suitable factual vehicle for a test case, will not attract a grant of leave. The meaning of 'staying overnight' in council notices under s 632 of the Local Government Act 1993 (NSW) remains unresolved.