El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134

Supreme Court New South Wales

Medium Neutral Citation: El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW (No 2) [2015] NSWSC 1134 Hearing dates: 10 August 2015 Date of orders: 19 August 2015 Decision date: 19 August 2015 Jurisdiction: Common Law Before: Bellew J Decision: The order granting a stay of the proceedings against the plaintiff in the Local Court is vacated.

The proceedings in this Court are dismissed.

The plaintiff is to provide written submissions, not exceeding two pages in length, as to the question of costs by 4:00pm on 27 August 2015.

The first defendant is to respond by providing submissions, not exceeding two pages in length, by 4:00pm 2 September on 2015. Catchwords: CRIMINAL LAW – Statutory construction – Director of Public Prosecutions Act 1983 (Cth) s. 6(1)(m) – Power of the Commonwealth Director of Public Prosecutions to prosecute offences against laws of the State of NSW where charges have been laid by some other person – Whether the power of the Commonwealth Director to prosecute charges for offences against a law of a State is limited to prosecuting those charges which the Commonwealth Director himself has brought

WORDS AND PHRASES – "institute and carry on" – "carry on" – "conduct" Legislation Cited: Acts Interpretation Act 1901 (Cth) Crimes Act 1900 NSW Cases Cited: Australian Securities Commission v Marlborough Gold Mines Limited [1993] HCA 15; (1993) 177 CLR 485 Dexter v R [2004] HCA Trans 229 El-Ali v Commonwealth Director of Public Prosecutions and the Local Court of NSW [2015] NSWSC 671 Farah Constructions Pty Limited and ors v Say-Dee Pty Limited [2007] HCA 22; (2007) 230 CLR 89 Nanevski v Haskett [2006] NSWSC 1114 R v Dainer and ors; Ex parte Pullen (1988) 78 ACTR 25 R v Dexter [2002] QCA 540 Raymond v Attorney-General [1982] QB 839 Tez v Longley [2004] NSWSC 74; (2004) 142 A Crim R 122 Texts Cited: Statutory Interpretation in Australia: D C Pearce and R S Geddes Category: Principal judgment Parties: Khoder El-Ali – Plaintiff Representation: Counsel: Mr P Lange - Plaintiff Mr P Neil SC – First Defendant Submitting appearance – Second Defendant