Kuhsun v Azzi [2024] NSWSC 670

Supreme Court New South Wales

Medium Neutral Citation: Kuhsun v Azzi [2024] NSWSC 670 Hearing dates: 12 April 2024 Date of orders: 04 June 2024 Decision date: 04 June 2024 Jurisdiction: Common Law Before: McNaughton J Decision: (1) Mr Kuhsun's Notice of Motion filed 5 October 2023 is dismissed. (2) Costs of the motion are costs in the cause. Catchwords: CIVIL PROCEDURE – requisition for trial by jury – tort of assault – where jury trial requested to consider facts – where applicant alleges assault by police officers – where applicant alleges bias – where applicant is self-represented – whether the interests of justice require a jury trial be ordered Legislation Cited: Mental Health Act 2007 (NSW), s 22 Supreme Court Act 1970 (NSW), s 85 Cases Cited: Simon v Hunter and New England Area Health Service [2009] NSWSC 758 Texts Cited: Nil Category: Procedural rulings Parties: Sun Kuhsun (aka Hadi Rassekhi Kazerooni) (Applicant) State of New South Wales (Respondent) Representation: Solicitors: Makinson d'Apice (Respondent) File Number(s): 2023/42105 Publication restriction: Nil

JUDGMENT 1. By Notice of Motion filed on 5 October 2023, together with a requisition filed on 23 August 2023, the applicant, Sun Kuhsun, seeks an order that his claims be heard and determined by a judge and jury, rather than a judge alone. He has claimed, by way of a Summons filed on 8 February 2023, that he was assaulted by members of the New South Wales Police Force. 2. The Notice of Motion came before me in the Common Law Duty list on 12 April 2024. 3. Mr Kuhsun is self-represented and, on 12 April 2024, had the assistance of an accredited interpreter. 4. The State of New South Wales, the respondent to the Notice of Motion, was represented by Ms Fizaa of Makinson d'Apice Lawyers. The respondent neither consented to nor opposed the application.