Singh v NSW Police [2020] NSWSC 1214

Supreme Court New South Wales

Medium Neutral Citation: Singh v NSW Police [2020] NSWSC 1214 Hearing dates: 7 September 2020 Date of orders: 7 September 2020 Decision date: 07 September 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Leave to appeal is refused. (2) The plaintiff's summons is dismissed. (3) I order the plaintiff to pay the defendant's costs of the summons. Catchwords: CRIME — Appeal and review — Appeal from Local Court to Supreme Court — By person against whom an interlocutory order is made with leave on a question of law alone — whether leave should be granted Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 53, 54 Criminal Procedure Act 1986 (NSW), s 194 Inclosed Land Protection Act 1901 (NSW) Supreme Court Rules, r 51B.6 Category: Principal judgment Parties: Tirath Singh (Applicant) NSW Police (Defendant) Representation: Solicitors: Makinson d'Apice Lawyers (Defendant) Plaintiff (self-represented) File Number(s): 2020/247508 Publication restriction: None Decision under appeal Court or tribunal: Local Court Date of Decision: 16 July 2020 Before: Magistrate Giles File Number(s): 2020/247508

REVISED EX TEMPORE Judgment 1. By way of a summons filed on 24 August 2020, Tirath Singh ("the plaintiff") seeks orders against the defendant, named as NSW Police. 2. As set out in the relief claimed, the plaintiff seeks leave to appeal from a decision of a magistrate of the Local Court pursuant to s 53 of the Crimes (Appeal and Review) Act 2001 (NSW) ("the Review Act"). 3. The plaintiff then seeks the following further orders: 1. an order that the charges against him be summarily dismissed; 2. an order that the bail condition be cancelled, although in his oral submissions he said that he wished to have it varied; 3. an order that the trial set for 9 September 2020 be vacated, and 4. costs. 1. The plaintiff identifies 29 grounds of appeal and then identifies 10 further reasons as to why leave to appeal should be granted. 2. I will set out the background to the proceedings by way of summary. The proceedings arise out of the plaintiff being banned from attending his local place of worship, being a Sikh temple at Penrith. The plaintiff relies on his own affidavit, sworn 2 September 2020. 3. The plaintiff appears in person. Mr Deards, solicitor, appears for the defendant. 4. The exhibits to the plaintiff's affidavit run to 78 pages. Those documents are relevant to the application as the plaintiff wishes to pursue it. 5. Mr Deards did not object to the affidavit although he reserved the position should the plaintiff seek to rely on further material or expand upon the basis of his application outside what Mr Deards understood it to be.