Young v Director of Public Prosecutions [2022] NSWSC 1397

Supreme Court New South Wales

Medium Neutral Citation: Young v Director of Public Prosecutions [2022] NSWSC 1397 Hearing dates: 10 October 2022 Date of orders: 10 October 2022 Decision date: 10 October 2022 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Pursuant to s 51(1)(b) of the Supreme Court Act 1970, direct that the summons filed by Mr Young in the Common Law Division on 9 November 2021 be removed into the Court of Appeal. (2) Direct that the matter be placed in the directions list before the Registrar at a date convenient to the parties. (3) Costs of today will be costs of the summons as now removed to the Court of Appeal to be dealt with in that Court. Catchwords: CIVIL PROCEDURE – removal to Court of Appeal – removal on Court's own motion – no appeal from District Court dismissal of appeal from Local Court – judgment of Local Court superseded by judgment of District Court – judicial review of District Court – proceedings assigned to Court of Appeal CIVIL PROCEDURE – stay of proceedings – pending proceedings pending in High Court – refusal of pro bono referral application – special leave application to High Court – interlocutory decision not determining issues of law or fact – assessment of strength of case not relevant on final hearing DISCRIMINATION – hearing disability – limited appreciation of trial process – relevance on judicial review – possibility of claim against State Legislation Cited: Crimes Act 1900 (NSW), ss 61, 195 Crimes (Appeal and Review) Act 2001 (NSW), Pts 5, 7; ss 51, 63, 79 Disability Discrimination Act 1992 (Cth), s 125 Supreme Court Act 1970 (NSW), ss 48, 51, 69 Cases Cited: Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Young v Director of Public Prosecutions [2022] NSWCA 133 Category: Procedural rulings Parties: Gary Young (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Ms C Gleeson (First Respondent)