Ahmad v Director of Public Prosecutions [2017] NSWSC 90

Supreme Court New South Wales

Medium Neutral Citation: Ahmad v Director of Public Prosecutions [2017] NSWSC 90 Hearing dates: 20 January 2017 Date of orders: 20 January 2017 Decision date: 20 January 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Direct that an order in the nature of mandamus issue requiring the Local Court to determine the plaintiff's bail application before his committal for trial. (2) Reserve the question of costs. (3) Direct the parties to provide written submissions as to the order that should be made in respect of costs. The submissions should not exceed three pages in length. They should be lodged by email with my chambers, directed to my associate by Monday 30 January 2017. Catchwords: BAIL – bail refused upon arrest – bail application pending hearing – where case fixed for committal – bail application adjourned to date after the date fixed for committal – whether mandamus should issue commanding the Local Court to exercise its power to consider bail application – meaning of Bail Act 2013 (NSW) s 41 – meaning of Bail Act 2013 (NSW) s 71

ADMINISTRATIVE LAW – supervisory jurisdiction – courts of ordinary jurisdiction – Local Court fixing bail application for hearing to date after date fixed for committal – Local Court's jury to determine bail application expeditiously – does mandamus lie

WORDS AND PHRASES – meaning of "matter" – meaning of "bail application" – does "matter" in Bail Act 2013 (NSW) s 41 include "bail application" Legislation Cited: Bail Act 2013 Bail Act 1978 (Repealed) Criminal Procedure Act 1986; Drug Misuse and Trafficking Act 1985 Supreme Court Act 1970 Cases Cited: Hamilton v Director of Public Prosecutions [2012] NSWSC 1365 Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 R v The War Pensions Entitlement Appeal Tribunal; Ex parte Bott (1933) 50 CLR 228 Category: Procedural and other rulings Parties: Thayur Ahmad (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Solicitors: S Toomey (Plaintiff) P Low (Defendant)