APPEALS — Appeal from Local Court — Local Court Act 2007 (NSW), s 39(1) — Right of appeal on question of law — Whether the Magistrate erred by finding that a notice served under s 21(2) of the Pawnbrokers and Second-hand Dealers Act 1996 does not impose a duty of care on the authorised officer who issued the notice
APPEALS — Appeal from Local Court — Local Court Act 2007 (NSW), s 39(1) — Right of appeal on question of law — Whether procedural fairness was denied by the Magistrate’s failure to enquire whether the appellant was self-represented — Where a solicitor appeared on the appellant’s behalf — Where an obligation to enquire was said to arise due to the appellant’s participation in addressing the Court and conducting cross-examination
Quick Take
1Section 21(2) of the Pawnbrokers and Second-hand Dealers Act 1996 (NSW), which empowers an authorised officer to serve a notice prohibiting a licensee from disposing of suspected stolen goods, does not impose upon the authorised officer who issues the notice a legal obligation for the safekeeping of the goods the subject of that notice; the obligation falls upon the licensee.
2Where a practising solicitor appears on behalf of a party in proceedings, addresses the court using conventional professional language, refers to the party as 'my client' and to opposing counsel as 'my friend', and conducts the case without disclaiming a representative role, the court is not obliged to inquire into the nature of the retainer merely because the party also personally addresses the court and conducts cross-examination.
