Endemi v Ginman; Moore v Commonwealth Director of Public Prosecutions (No 3) [2023] NSWSC 395

Supreme Court New South Wales

Medium Neutral Citation: Endemi v Ginman; Moore v Commonwealth Director of Public Prosecutions (No 3) [2023] NSWSC 395 Hearing dates: 20 March 2023 Date of orders: 19 April 2023 Decision date: 19 April 2023 Jurisdiction: Common Law Before: Dhanji J Decision: (1) In relation to the notice of motion filed by Mr Moore on 28 April 2022: (a) Prayer 2 of that notice of motion is dismissed; and (b) Order that Mr Moore as the applicant on the motion pay the plaintiffs' costs of and incidental to, that notice of motion. Catchwords: CIVIL PROCEDURE – notice of motion – judicial review – private prosecutions against police officers – review of Registrar's decision dismissing the plaintiff's claim – leave to amend motion granted – motion dismissed – costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 13 Crimes Act 1914 (Cth), s 19B Criminal Procedure Act 1986 (NSW), ss 37(1), 47(1), 49(1), 56(1), 96(1) Local Court Rules 2007 (NSW), r 8.8 Uniform Civil Procedure Rules 2005 (NSW), rr 12.1, 49.19 Cases Cited: Endemi v Ginman: Moore v Commonwealth Director of Public Prosecutions (No 2) [2023] NSWSC 285. Endemi v Ginman; Moore v Commonwealth Director of Public Prosecutions [2023] NSWSC 284 Moore v Commonwealth Director of Public Prosecutions [2022] NSWSC 1458 Moore v Director of Public Prosecutions (NSW) (2021) 391 ALR 336; [2021] NSWSC 587 R v Howard (1992) 29 NSWLR 24 Category: Procedural rulings Parties: Kylie Endemi (First Plaintiff) Matthew Pawsey (Second Plaintiff) Michelle McAllister (Third Plaintiff) Matthew Bolton (Fourth Plaintiff) Registrar Colette Ginman (First Defendant) Registrar Christine Sanderson (Second Defendant) Ian Moore (Third Defendant/Cross Claimant) Commonwealth Director for Public Prosecutions (Cross Defendant) Representation: Solicitors: Makinson d'Apice Lawyers (Plaintiffs) Self-represented (Third Defendant/Cross Claimant/Applicant on the Motion) S Dutaillis (Cross Defendant) File Number(s): 2021/320939 Publication restriction: Nil