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Mr Thorley submitted that there is a ‘good triable action on both sides on all issues.’
Those offences considered least serious are summary offences, triable only in the magistrates' courts.
Leave was granted for the bringing of this motion by Justice Cullity and it is for me to decide whether or not there is a triable issue such as to get this matter to proceed.
The court might then dismiss the motion, rule that there were only certain issues that needed a full hearing or decide that there were no triable issues regarding the entire application.
By section 33 of the Act, breach of this duty is punishable as a criminal offence, triable both summarily and on indictment.
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