El Saiedy v Prowse [2016] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: El Saiedy v Prowse [2016] NSWSC 46 Hearing dates: 5 February 2016 Date of orders: 05 February 2016 Decision date: 05 February 2016 Before: Garling J Decision: (1) I make an order prohibiting the first defendant from taking any steps to further hear or determine Local Court matters 2015/207567, 2015/275429, 2014/352052 and 2014/351220 until the determination of proceedings 2015/377340 by a judge of the Common Law Division of this Court. (2) Order that the proceedings be expedited, with a one day estimate. (3) Order that the plaintiff file and serve on the New South Wales Crown Solicitors Office all further affidavit material upon which he proposes to rely by no later than Monday 7 March 2016. (4) Order the plaintiff to file and serve his written submissions, not exceeding 25 pages in support of the relief claimed, by 7 March 2016. (5) Stand the proceedings over for directions before the Common Law Registrar at 9am on 14 March 2016. (6) Grant liberty to any party to apply on 72 hours' notice to the Court. Catchwords: PROCEDURE – civil – interlocutory application for stay of Local Court proceedings pending determination of Supreme Court proceedings – where Supreme Court proceedings concern an application for the Local Court Magistrate to disqualify himself due to an apprehension of bias – whether the plaintiff has a reasonably arguable case in the Supreme Court proceedings – whether the balance of convenience and the interests of justice are best served by staying the Local Court proceedings Category: Procedural and other rulings Parties: Fawzi El Saiedy (P) Roger David Prowse (D1) Local Court of NSW (D2) Scott Thompson (D3) Representation: Solicitors: F El Saiedy (P) Submitting (D1 – D3) A Bulbulia (Attorney-General of NSW) File Number(s): 2015/377340 Publication restriction: Not Applicable