New South Wales Crime Commission v SG [2017] NSWCA 102

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: New South Wales Crime Commission v SG [2017] NSWCA 102 Hearing dates: 6 April 2017 Decision date: 29 May 2017 Before: McColl JA at [1]; Simpson JA at [2]; Emmett AJA at [3] Decision: (1) The application for leave to appeal is dismissed. (2) The costs of the application for leave be the parties' costs of the Motion of 8 April 2016, when it is ultimately determined. Catchwords: PROCEDURE - miscellaneous procedural matters - vexatious litigants and proceedings – application for summary dismissal on basis that proceedings constituted an abuse of process – whether primary judge erred in determining summary dismissal application before determining other motions before it

APPEAL AND NEW TRIAL - appeal - general principles – preservation of appeal - whether open to the respondent to file an application for leave for appeal in order to preserve its rights once other motions before primary judge have been determined – leave refused without prejudice to respondent's entitlement to re-agitate summary dismissal motion after the disposition of other motions Legislation Cited: Crime Commission Act 2012 (NSW), s 80 Category: Principal judgment Parties: New South Wales Crime Commission (Applicant) SG (Respondent) Representation: Counsel: NJ Williams SC and B Mostafa (Applicant) CRC Newlinds SC and SH Hartford Davis (Respondent) Solicitors:

Crown Solicitor's Office (Applicant) Laxon Lex Lawyers (Respondent) File Number(s): 2016/376036 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2016] NSWSC 1615 Date of Decision: 17 November 2016 Before: Rothman J File Number(s): 2015/194130