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ARTICLE · 27 JANUARY 2014

Government Law Bulletin - 22 January 2014

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In Warren Gibson NSW Fair Trading v Roberta Graham [2013] NSW SC 1909, his Honour Justice Harrison of the NSWSC has allowed an appeal from orders of the Local Court dismissing prosecutions for offences under the Home Building Act 1989 (HBA) commenced by an officer of NSW Fair Trading. Mr Gibson had brought a prosecution in the Local Court under section 14 of the Criminal Procedure Act 1986 (CPA) which allows proceedings for offences under an Act to be instituted by any person"unless the right to institute the prosecution or proceeding is expressly conferred by that Act on a specified person or class or persons". It was common ground that the HBA did not contain such an express conferral provision.

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