Osman v Director of Public Prosecutions [2016] NSWSC 959

Supreme Court New South Wales

Medium Neutral Citation: Osman v Director of Public Prosecutions [2016] NSWSC 959 Hearing dates: 1 July 2016 Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) adjourn the matter for hearing before me at 2pm on Tuesday 30 August 2016; (2) leave to the plaintiff to file a second amended summons within 14 days joining the Local Court as a second defendant and stating the grounds on which judicial review is sought, specifying in respect of each ground whether it is alleged to be either jurisdictional error or error on the face of the record or both; (3) costs thrown away by reason of the adjournment are reserved. Catchwords: PROCEDURE– appeal from interlocutory decision of local court– where order does not constitute an interlocutory order – application withdrawn – leave sought to proceed by way of summons– leave and adjournment granted Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(b) Criminal Appeal Act 1912 (NSW), s 5F Criminal Procedure Act 1986 (NSW), 263(2) Uniform Civil Procedure Rules 2005 (NSW), rr 50.16A , 59.4 Supreme Court Act 1970 (NSW), s 17 Cases Cited: Hall v Director of Public Prosecutions [2015] NSWSC 839 Hall v R [2015] NSWCCA 298 Salter v Director of Public Prosecutions (NSW) [2009] NSWCA 357; 75 NSWLR 392 Category: Procedural and other rulings Parties: Sam Osman (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: M Ayache (Plaintiff) A Mitchelmore (Defendant) Solicitors: One Group Legal (Plaintiff) Office of the Director of Public Prosecutions (Defendant) File Number(s): 2015/00283600