Casella v Director of Public Prosecutions (NSW) [2016] NSWSC 204

Supreme Court New South Wales

Medium Neutral Citation: Casella v Director of Public Prosecutions (NSW) [2016] NSWSC 204 Hearing dates: 9 March 2016 Decision date: 09 March 2016 Before: R A Hulme J Decision: Set aside decision of the Magistrate refusing an application to direct witnesses to give evidence at committal proceedings. Remit the matter to the Local Court to be heard and determined according to law. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal from Local Court – magistrate refused application to direct witnesses to give evidence at committal proceedings – determination made using an incomplete brief that omitted documents relied upon in submissions – plaintiff concedes orders quashing the decision and remitting the matter Legislation Cited: Criminal Procedure Act 1986 (NSW) s 91 Category: Principal judgment Parties: Marcello Casella (Plaintiff) Director of Public Prosecutions (NSW) (First defendant) Local Court of NSW (Second defendant) Representation: Counsel: Mr H Dhanji SC with Mr A Djemal (Plaintiff) Ms A Mitchelmore (First defendant)

Solicitors: Rothwell Lawyers Pty Ltd Solicitor for Public Prosecutions File Number(s): 2015/278825

Judgment 1. HIS HONOUR: By an amended summons filed on 9 December 2015 Marcello Casella ("the plaintiff") seeks judicial review of a decision by a magistrate declining to direct the attendance of witnesses to give evidence at committal proceedings. 2. The Director of Public Prosecutions ("the Director") is the first and active defendant. The Local Court of New South Wales is the second defendant in respect of which a submitting appearance has been filed.