Godla v Director of Public Prosecutions (NSW) [2022] NSWCA 193

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Godla v Director of Public Prosecutions (NSW) [2022] NSWCA 193 Hearing dates: 26 and 30 September 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 Before: Kirk JA Decision: (1) The applicant's notice of motion originally filed on 5 September 2022, and subsequently amended, is dismissed. (2) The applicant is to pay the costs of the Director of Public Prosecutions (NSW) and the State of New South Wales on the motion. (3) The applicant's application for a non-publication order is dismissed. Catchwords: CIVIL PROCEDURE — Pro bono referral under r 7.36 of UCPR — Referral power likely administrative in nature — No evidence as to the financial means of the applicant — Where previous pro bono referral assistance provided — Where applicant unlikely to accept legal advice — Referral refused CIVIL PROCEDURE — Suppression and non-publication — Possible public interest in non-disclosure of identifying information of persons on Child Protection Register — Where the information sought to be suppressed was already in the public domain —Order not made under the Court Suppression Act Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) Child Protection (Offenders Registration) Act 2000 (NSW), ss 3(1), 14, 14A(1)(a), 21E Child Protection (Offenders Registration) Amendment Act 2007 (NSW) Court Suppression and Non-publication Orders Act 2010 (NSW), ss 8, 11, 12 Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 13, 52-53 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 Crimes Act 1900 (NSW), s 61L Criminal Code (Cth), s 271A.1 Supreme Court Act 1970 (NSW), ss 43, 46-46B, 51 Uniform Civil Procedure Rules 2005 (NSW), r 7.36 Cases Cited: Godla v Commissioner of Police, New South Wales Police Force [2020] FCA 489 Godla v Commissioner of Police, New South Wales Police Force [2021] FCA 1545 Kizon v Palmer (1997) 72 FCR 409 MSB (a Pseudonym) v Chief Commissioner of Police (2018) 57 VR 360; [2018] VSCA 345 Osborne v R [2014] NSWCCA 17; (2014) 238 A Crim R 417 Penson v Titan National Pty Ltd [2015] NSWCA 404 Renshaw v New South Wales Lotteries Corporation Pty Ltd [2021] NSWCA 41 Rizk v FA Constructions Australia Pty Ltd [2016] NSWCA 155 Z v Mental Health Review Tribunal (No 2) [2022] NSWCA 131 Zaharis v Commissioner of Police (2018) 131 SASR 576; [2018] SASC 143 Texts Cited: New South Wales Legislative Council, Parliamentary Debates (Hansard), 5 December 2007 Category: Procedural rulings Parties: Dheeraj Kumar Godla (Applicant) Director of Public Prosecutions (NSW) (First Respondent on the motion) State of New South Wales (Second Respondent on the motion) Representation: Counsel: Applicant (Self-represented) H Langley (First respondent) G Keesing (Second respondent)