Youssef Hadid v Sheriff of New South Wales [2017] NSWSC 1536

Supreme Court New South Wales

Medium Neutral Citation: Youssef Hadid v Sheriff of New South Wales [2017] NSWSC 1536 Hearing dates: 19 October 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Common Law Before: Bellew J Decision: Proceedings dismissed. Catchwords: PRACTICE AND PROCEDURE – Where plaintiff brought urgent application before the duty judge arising from the refusal of the Sheriff to allow his solicitor entry into a building housing the Local Court – No originating process filed – Uncertainty as to the terms of the orders and the entities against whom such orders were sought – Where the plaintiff was to appear before the Local Court for sentence – Where plaintiff arrived at Court accompanied by his solicitor – Where solicitor proceeded through Court security and in doing so activated an alarm – Solicitor was then asked by the Sheriff to remove his belt – Where solicitor refused Where solicitor asserted that the Sheriff was interfering with the course of justice in asking him to remove his belt – Whether the request to the solicitor to remove the belt was lawful – Whether the plaintiff should have the Local Court proceedings against him stayed – Where Sheriff prima facie had a statutory power to direct the solicitor to remove his belt – Where the conduct of the solicitor was relevant to the granting of the orders sought – Where that conduct tended against the making of the orders in the exercise of the court's discretion – Orders refused – Proceedings dismissed Legislation Cited: Court Security Act 2005 (NSW) Crown Proceedings Act 1988 (NSW) Sheriff Act 2009 (NSW) Category: Principal judgment Parties: Youssef Hadid – Applicant Sheriff of New South Wales – Respondent Representation: Counsel: S Hopper (Solicitor) – Applicant No appearance – Respondent