Shapkin v Director of Public Prosecutions [2024] NSWCA 217

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shapkin v Director of Public Prosecutions [2024] NSWCA 217 Hearing dates: 26 August 2024 Decision date: 26 August 2024 Before: Leeming JA Decision: 1. Stand over the notice of motion dated 26 July 2024 until the hearing of Mr Shapkin's summons filed 5 June 2024. At present, the summons is listed for final hearing on 27 Sept 2024. 2. Vary the procedural timetable governing preparation for the summons as follows: (a) direct the applicant to file and serve his white folder by 6 September 2024, (b) direct the first respondent to supply any further evidence, if any, by 18 September 2024, (c) direct the applicant to file and serve his written submissions in support of the summons by 6 September 2024, (d) direct the first respondent to file and serve her submissions by 18 September 2024, (e) direct the applicant to file and serve any submissions in reply by 25 September 2024. 3. Appoint 9:30am on 11 September 2024, for directions before Leeming JA but note that that directions hearing will be vacated if the applicant files his white folders and submissions by 6 September 2024. 4. Confirm the hearing date of the summons of 27 September 2024. 4. Both sides' costs of today will be reserved. 5. Note that, assuming the white folders supplied by the applicant are suitable to conduct the hearing, dispense with the direction to file a combined court book (made by the Registrar on 22 July 2024) with the intention that the hearing on 27 September 2024 will proceed on the basis of the white folders supplied by the applicant. Catchwords: PROCEDURE – stay of execution – whether any purpose served in application being heard prior to imminent hearing of summons seeking final relief Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Criminal Appeal Act 1912 (NSW) s 5B Supreme Court Act 1970 (NSW) ss 46(4), 69 Category: Procedural rulings Parties: Vladimir Alexandrovich Shapkin (plaintiff/applicant) Director of Public Prosecutions (first defendant/respondent) District Court of New South Wales (second defendant/respondent) Representation: Counsel: Mr Shapkin in person J Davidson (first defendant/respondent)