Moore v Director of Public Prosecutions (NSW) [2021] NSWSC 587

Supreme Court New South Wales

Medium Neutral Citation: Moore v Director of Public Prosecutions (NSW) [2021] NSWSC 587 Hearing dates: 12 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) I order that the current first and second defendants to the proceedings are removed and that the Director of Public Prosecutions (NSW) be joined as the defendant. (2) The proceedings are dismissed. (3) I order the plaintiff to pay the defendant's costs. Catchwords: ADMINISTRATIVE LAW – Reviewability – Justiciability – Subject matter of power or decision – Prosecutorial decision CRIMINAL PROCEDURE – Private prosecutions – Power of Director of Public Prosecutions to take over and withdraw a private prosecution – Application of s 9 Director of Public Prosecutions Act 1986 (NSW) Legislation Cited: Aviation Transport Security Act 2004 (Cth) Director of Public Prosecutions Act 1986 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hanna v Director of Public Prosecutions (NSW) (2005) 62 NSWLR 373; [2005] NSWSC 134 Kazolis v Registrar of Firearms (2018) 331 FLR 395; [2018] ACTSC 89 Likiardopoulos v R (2012) 247 CLR 265; [2012] HCA 37 Maxwell v The Queen (1996) 184 CLR 501; [1996] HCA 46 R v Gent [2005] NSWCCA 370 Walsh v Director of Public Prosecutions [2005] VSC 469 Category: Principal judgment Parties: Ian Bruce Moore (Plaintiff) Director of Public Prosecutions (NSW) (Defendant) Representation: Counsel: D Kell SC with M Adams (Defendant)