Gamage v Riashi [2023] NSWSC 1400

Supreme Court New South Wales

Medium Neutral Citation: Gamage v Riashi [2023] NSWSC 1400 Hearing dates: 25 October 2023 Date of orders: 25 October 2023 Decision date: 17 November 2023 Jurisdiction: Common Law Before: Ierace J Decision: Reasons for orders made 25 October 2023: (1) The plaintiff's application for adjournment is refused; (2) The Director of Public Prosecutions (NSW) (the DPP) be joined as a defendant to the summons; (3) The plaintiff to pay the DPP's costs of the motion as assessed or agreed. Catchwords: CRIMINAL PROCEDURE – Joinder application – Application by DPP to be joined as defendant to appeal from interlocutory orders of Local Court – Where DPP purported to take over prosecution in Local Court – Where plaintiff alleged that DPP failed to comply with legislative requirements to validly take over prosecution Legislation Cited: Crimes Act 1900 (NSW) Director of Public Prosecutions Act 1986 (NSW), ss 9, 10 Evidence Act 1995 (NSW), s 161 Independent Commission Against Corruption Act 1988 (NSW) Supreme Court Rules 1970 (NSW), r 10 Uniform Civil Procedure Rules 2005 (NSW), r 59.3 Cases Cited: AW v State of New South Wales [2005] NSWSC 543 Category: Procedural rulings Parties: Don Gamage (Plaintiff) Michael Riashi (First Defendant) Independent Commission Against Corruption (Second Defendant) Director of Public Prosecutions (NSW) (Applicant) Representation: Counsel: In person (Plaintiff) S Goldsmith (Second Defendant) E Jones (Applicant)