Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346 Hearing dates: 30 November 2020; final written submissions 14 December 2020 Decision date: 18 December 2020 Before: Basten JA Decision: (1) Dismiss the applicant's application for a stay of the orders of this Court made on 19 November 2020 pending determination of any application for special leave to appeal to the High Court of Australia from those orders. (2) Dismiss the applicant's notice of motion filed on 3 December 2020. (3) On the Director's motion, pursuant to UCPR, r 13.4: (a) Dismiss the amended summons filed in matter 2019/302523. (b) Dismiss the amended summons filed in matter 2020/328871. Catchwords: JUDICIAL REVIEW – application to review numerous matters related to criminal prosecutions – need to identify decisions – need to identify grounds – repetition of grounds previously dismissed – abuse of process JUDICIAL REVIEW – application to review sentence imposed by district Court – operation of statutory stay – stay following grant of bail – Supreme Court Act 1970 (NSW), ss 69, 69A, 69C PRACTICE AND PROCEDURE – bail – pending application for special leave to appeal to the High Court – no evidence that application filed – special circumstances PRACTICE AND PROCEDURE – repeat application for judicial review – reopening dismissed application – whether frivolous and vexatious – Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5B Crimes (Appeal and Review) Act 2001 (NSW), s 78; Pt 7 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 43, 46 Supreme Court Act 1970 (NSW), ss 69, 69A, 69C Uniform Civil Procedure Rules 2005 (NSW), r 13.4 Cases Cited: Dacich v Director of Public Prosecutions (No 2) [2020] NSWCA 298 Dacich v Director of Public Prosecutions (NSW) [2020] NSWCA 313 Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) [2020] NSWCA 313 Dacich v Director of Public Prosecutions [2020] NSWSC 1179 Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Category: Procedural and other rulings Parties: 2019/302523