Malcolm Huntley POTIER v MAGISTRATE MAUGHAN [2004] NSWSC 590

New South Wales Supreme Court

CITATION : Malcolm Huntley POTIER v MAGISTRATE MAUGHAN [2004] NSWSC 590 HEARING DATE(S) : 25/6/04 JUDGMENT DATE : 25 June 2004

JUDGMENT OF : Bell J at 1 DECISION : Dismiss the plaintiff's amended summons; The plaintiff is to pay the defendant's costs.

Crimes Act 1900 Crimes (Local Court Appeals and Review) Act 2001 LEGISLATION CITED : Local Court's (Criminal and Applications Procedure) Rule 2003 Justices Act 1902 Supreme Court Act 1970 CASES CITED : Electronic Rentals Pty Limited v Anderson [1970-1971] 124 CLR 27 Saffron v DPP (1989) 16 NSWLR 397 PARTIES : Malcolm Huntley POTIER (Plaintiff) MAGISTRATE MAUGHAN (Defendant) FILE NUMBER(S) : SC 12485/03 COUNSEL : In Person (Plaintiff) M Spartalis (Defendant) SOLICITORS : In Person I.V. Knight (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Friday 25 June 2004

012485/03 - MALCOLM HUNTLEY POTIER v MAGISTRATE MAUGHAN & ANOR

JUDGMENT 1 BELL J: By amended summons filed on 26 November 2003 the plaintiff claims orders including: (i) An order that the first defendant be directed to issue, without delay, a court attendance notice pursuant to the Local Court's (Criminal and Applications Procedure) Rule 2003, or in the alternative, (ii), that this Court shall issue a Court Attendance notice pursuant to the Local Court (Criminal and Applications Procedure) Rule 2003, as applied for by the plaintiff in the Central Local Court Sydney on 14 July 2003 against the second defendant and (iii) that the second defendant attend this Court and answer the indictment so lodged and covered by the said Court Attendance notice. 2 The plaintiff appeared in person. He read paragraphs 1–8 of an affidavit sworn by him on 11 November 2003. Also in evidence was a transcript of proceedings before the first defendant at the Central Local Court on 15 July 2003 and photocopies of two letters. The first is a copy of an unsigned letter purportedly prepared by the plaintiff and addressed to the Chamber Magistrate, Downing Centre Local Court, dated Tuesday July 1, 2003. 3 A further copy of this letter bearing a facsimile transmission report is also in evidence. It appears to have been transmitted on 3 July 2003. The second letter appears to have been signed by the plaintiff and is again addressed to the Chamber Magistrate, Downing Centre Local Court. It is dated Thursday 3 July 2003. A facsimile transmission report shows that it was transmitted to the same telephone service as the first letter on 4 July at 12:05 pm. I will return to the contents of these two letters. 4 On 14 July 2003 the plaintiff submitted to Deputy Registrar Ann Lambino at the Downing Centre Local Court a document; "MHP1" annexed to his affidavit. It is titled Fact Sheet. I will set it out in full: FACTS SHEET