Arlo Murray Selby v Director of Public Prosecutions (NSW) and anor. [2013] NSWSC 223

Supreme Court New South Wales

Medium Neutral Citation: Arlo Murray Selby v Director of Public Prosecutions (NSW) and anor. [2013] NSWSC 223 Hearing dates: 21 March 2013 Decision date: 25 March 2013 Jurisdiction: Common Law Before: Bellew J Decision: 1.The amended summons filed by the plaintiff on 18 March 2013 is dismissed. 2.The plaintiff is to pay the costs of the first and second defendants. Catchwords: Judicial review - plaintiff charged with criminal offences in the Local Court - failure on the part of the plaintiff to comply with orders of the Local Court regarding provision of submissions in support of an application under s. 91 of the Criminal Procedure Act - application under s. 91 deemed to be abandoned by operation of practice note - application to set aside decision of the Magistrate - application to stay proceedings - evidence that the plaintiff's failures to provide instructions caused termination of grant of legal aid - application dismissed Legislation Cited: Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: Dietrich v R (1992) 177 CLR 292 Moss v Brown [1979] 1 NSWLR 144 Faltas v McDermid (SC (NSW) 30 July 1993 Allen J unreported) Category: Procedural and other rulings Parties: Plaintiff - Arlo Murray Selby 1st Defendant - Director of Public Prosecutions (NSW) 2nd Defendant - Local Court of New South Wales Representation: Plaintiff - in person 1st Defendant - H Langley 2nd Defendant - submitting appearance Plaintiff - Self 1st Defendant - S C Kavanagh, Solicitor for Public Prosecutions 2nd Defendant - Crown Solicitor for New South Wales File Number(s): 2013/00066164