Fantakis v Local Court of New South Wales [2020] NSWSC 931

Supreme Court New South Wales

Medium Neutral Citation: Fantakis v Local Court of New South Wales [2020] NSWSC 931 Hearing dates: 17 July 2020 Decision date: 22 July 2020 Jurisdiction: Common Law Before: Hoeben CJ at CL Decision: (1) Leave to appeal against the judgment of his Honour Rodgers LCM is refused. (2) The stay of proceedings ordered on 17 July 2020 is removed. Catchwords: EVIDENCE – plaintiff facing two charges of intimidate police – subpoena issued by plaintiff – whether legitimate forensic purpose – application to set aside subpoena by Commissioner of Police – order by magistrate setting subpoena aside – credit of complainant in intimidation charges important – whether reasonable grounds to think that documents relevant to credit of complainant will be found – whether documents sought in subpoena are relevant to intimidation charges – APPEAL – interlocutory application before Local Court – leave to appeal necessary pursuant to s 53(3)(b) of Crimes (Appeal and Review) Act 2001 (NSW) – limitation on role of court hearing application for leave to appeal – leave to appeal refused. Legislation Cited: Crimes Act 1900 (NSW) – s 60(1) Crimes (Appeal and Review) Act 2001 (NSW) – s 53(3)(b) Supreme Court Act 1970 (NSW) – s 69 Supreme Court Rules 1970 – Pt 51, r 6(1), r 6(2) Cases Cited: Alister v The Queen (1984) 154 CLR 404; [1984] HCA 85 Attorney General for New South Wales v Dylan Chidgey (2008) 182 A Crim R 536; [2008] NSWCCA 65 Feeney v NSW Police [2017] NSWSC 190 Franklin v Commissioner of Police and Anor [2018] NSWSC 310 Mackintosh v Commissioner of Police (NSW) and Ors [2010] NSWSC 1064 NAR v PPC1 (2013) 224 A Crim R 535; [2013] NSWCCA 25 PPC v Williams (2013) 238 A Crim R 25; [2013] NSWCCA 286 R v PL (2009) 199 A Crim R 199; [2009] NSWCCA 256 R v Saleam [1999] NSWCCA 86 Williams v The Queen (1986) 161 CLR 278; [1986] HCA 88 Category: Principal judgment Parties: Terry (Elefterios) Fantakis – Plaintiff Local Court of NSW – First Defendant Commissioner of NSW Police – Second Defendant Detective Senior Sergeant Mark Dukes – Third Defendant Representation: Counsel: Plaintiff – Self-represented R Bhalla – Second Defendant