Director of Public Prosecutions v Rugari and the Local Court of New South Wales [2016] NSWSC 630

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Rugari and the Local Court of New South Wales [2016] NSWSC 630 Hearing dates: 4 May 2016 Date of orders: 04 May 2016 Decision date: 15 May 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Pursuant to rule 59.10(2) of the Uniform Civil Procedure Rules 2005, the time in which to commence the proceedings is extended to 13 November 2015, being the date the summons was filed.

(2) The record of the Liverpool Local Court relating to the First Defendant on 23 July 2015 be removed into this Court.

(3) An order in the nature of certiorari quashing the decision of the Liverpool Local Court (Prowse LCM) on 23 July 2015 refusing the application by the prosecution to adjourn the proceedings.

(4) An order in the nature of certiorari quashing the order made by the Liverpool Local Court on 23 July 2015 permanently staying the criminal proceedings against the First Defendant.

(5) The proceedings are to be remitted to the Liverpool Local Court to be heard and determined according to law, by the Court differently constituted.

(6) No order as to costs. Catchwords: JUDICIAL REVIEW – application pursuant to s 69 of the Supreme Court Act 1970 for orders in the nature of certiorari – orders of a Local Court Magistrate refusing to adjourn criminal proceedings and ordering a permanent stay of proceedings - question of whether there had been contempt of court by police who arrested defendant within the precincts of the court – no privilege against arrest - procedural unfairness by the Magistrate – discretionary nature of decision to grant adjournment – discretion to be exercised judicially – exceptional nature of power to grant a permanent stay of proceedings – not justified in circumstances of this case – errors of procedure and law by the Magistrate Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1986 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bell v Imre (1980) 8 Petty Sessions Review 3905 Director of Public Prosecutions v Chaouk [2010] NSWSC 1418 Jago v The District Court of NSW (1989) 168 CLR 23 Moevao v Department of Labour (1980) 1 NZLR 464 Re Freston (1883) 11 QBD 545; 52 LJQB 545; 49 LT 290 R v Glennon (1992) 173 CLR 592 Walton v Gardiner (1993) 177 CLR 378 Texts Cited: "Civil and Criminal Contempts of Court," (1962) 25 Modern Law Review 179 Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Tony Rugari (First defendant) The Local Court of New South Wales (Second defendant) Representation: Mr D Kell (Plaintiff) P Johnston (First defendant) File Number(s): 2015/00334878 Publication restriction: None