Phillips v Drain - [1995] 1 NZLR 513

Criminal law — Practice and procedure — Informations laid in District Court against appellant by respondent, a member of the Serious Fraud Office — Appellant not opposing committal to trial in High Court — Respondent proposing to proceed with preliminary hearing in District Court and to examine certain witnesses — Appellant seeking committal for trial without preliminary hearing — Whether respondent entitled to continue with preliminary hearing despite appellant's agreement to committal for trial — Summary Proceedings Act 1957, ss 160A and 173A.

Administrative law — Judicial review — Informations laid in District Court against appellant by respondent, a member of the Serious Fraud Office — Appellant not opposing committal to trial in High Court — Respondent proposing to proceed with preliminary hearing in District Court and to examine certain witnesses — Appellant seeking committal for trial without preliminary hearing — Whether respondent entitled to continue with preliminary hearing despite appellant's agreement to committal for trial — Judicature Amendment Act 1972, s 4.