Moore v Commonwealth Director of Public Prosecutions [2022] NSWSC 1458

Supreme Court New South Wales

Medium Neutral Citation: Moore v Commonwealth Director of Public Prosecutions [2022] NSWSC 1458 Hearing dates: 23 September 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Common Law Before: Chen J Decision: (1) Order, pursuant to rule 13.4 (1) of the Uniform Civil Procedure Rules 2005, that the First Cross-Summons filed 1 March 2022 be dismissed. (2) Order that the plaintiff pay the Commonwealth DPP's costs of, and incidental to, its notice of motion filed 31 March 2022. (3) Order that the plaintiff pay the Commonwealth DPP's costs of the proceedings. (4) In relation to the notice of motion by Mr Moore filed 26 April 2022: (a) paragraphs 1, 3 and 4 of that notice of motion are dismissed, with order 2 stood over for directions before the Registrar on a date to be advised by the Court. (b) order that the plaintiff pay the Commonwealth DPP's costs of, and incidental to, that notice of motion. Catchwords: ADMINISTRATIVE LAW – judicial review – where the plaintiff commenced a number of private prosecutions – where the Commonwealth Director of Public Prosecutions took over and discontinued the prosecutions – where the Magistrate granted leave for the Commonwealth Director of Public Prosecutions to do so – whether there was a decision by the Magistrate – consideration of circumstances in which prerogative writs will issue – whether the Commonwealth Director of Public Prosecutions was obliged to provide reasons for taking over and discontinuing the prosecutions – First Cross-Summons summarily dismissed Legislation Cited: Act Interpretation Act 1901 (Cth) Aviation Transport Security Act 2004 (Cth) Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Procedure Act 1986 (NSW) Director of Public Prosecution Act 1986 (NSW) Director of Public Prosecutions Act 1983 (Cth) Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: AAI Limited v Chan [2021] NSWCA 19 AAI Limited v McGiffen (2016) 77 MVR 348 Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302 Anglo American Investments Pty Ltd v Deputy Commissioner of Taxation [2017] NSWCA 17 Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd (No 2) (2022) 316 IR 258; [2022] FCAFC 55 Craig v South Australia (1995) 184 CLR 163 CSR Limited v Ewins [2020] NSWSC 511 Dalton v Deputy Federal Commissioner of Taxation (1986) 160 CLR 246, 249-250; [1986] HCA 15 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Gouriet v Union of Post Office Workers [1978] AC 435 Grey v Health Insurance Commission [2001] FCA 1398 Hassan v Sydney Local Health District [2022] NSWSC 954 Hopkins v Governor-General of Australia (2013) 280 FLR 49; [2013] NSWCA 365 Hossain v Minster for Immigration and Border Protection (2018) 264 CLR 123 Hot Holdings Pty Ltd v Creasy (1996) 185 CLR 149; [1996] HCA 44 Jago v District Court of NSW (1989) 168 CLR 23 Kirk v Industrial Court of NSW (2010) 239 CLR 531 Kyriazis v The Magistrates' Court of Victoria at Heidelberg [2014] VSC 411 Likiardopoulos v The Queen (2012) 247 CLR 265 Maxwell v The Queen (1995) 184 CLR 501 Miller v Commonwealth Director of Public Prosecutions (2005) 142 FCR 394; [2005] FCA 482 Minister for Resources and Energy v Gold and Copper Resources Pty Ltd (2015) 89 NSWLR 134 at [72]; [2015] NSWCA 113 Moore v Director of Public Prosecutions (NSW) [2021] NSWSC 587; (2021) 391 ALR 336 Price v Ferris (1994) 34 NSWLR 704 R (Gujra) V Crown Prosecution Service [2013] 1 AC 484 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389 R v St Lawrence's Hospital Statutory Visitors; ex parte Pritchard [1953] 1 WLR 1158 Raymond v Attorney-General [1982] QB 839 Re Refugee Review Tribunal; ex parte Aala (2000) 204 CLR 82 Sasterawan v Morris (2005) 69 NSWLR 547 Simmons v NSW Trustee and Guardian [2014] NSWCA 405 Ugur v Attorney-General for NSW [2019] NSWCA 86 Wingfoot Australia Partners Pty Ltd v Kocak (2013) 252 CLR 480 Category: Principal judgment Parties: Ian Moore (plaintiff) Commonwealth Director of Public Prosecutions (defendant) Representation: Counsel: Self-represented (plaintiff) M Varley (defendant)