Ali Kalache v Local Court of New South Wales [2017] NSWSC 1606

Supreme Court New South Wales

Medium Neutral Citation: Ali Kalache v Local Court of New South Wales [2017] NSWSC 1606 Hearing dates: 16 – 17 November 2017 Date of orders: 17 November 2017 Decision date: 17 November 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) The matter is adjourned for hearing on Tuesday 21 November 2017 with a judge to be allocated;

(2) The application for a stay of the Local Court hearing is refused, noting that the presiding judge next week may revisit the matter if the matter is not concluded; and

(3) The question of costs for yesterday and today is reserved to the judge who hears the case. Catchwords: CIVIL LAW – stay of part heard criminal proceedings in the Local Court – summons seeking an order prohibited Magistrate from further hearing case – delay in filing application – where stay sought 8 days prior to continuation of part heard proceedings – where explanation for delay difficult to accept – where Court able to deal with matter to finality before the date scheduled for summary hearing to continue Legislation Cited: Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Supreme Court Act 1970 (NSW) Surveillance Devices Act 2007 (NSW) Category: Principal judgment Parties: Ali Kalache (Plaintiff/Applicant) Local Court of New South Wales (First Defendant/Respondent) Ivan Hughes (Second Defendant)

Attorney General (NSW) (Amicus Curiae) Representation: Counsel: Mr P Lange (Plaintiff/Applicant) Ms S Given (Second Defendant/Respondent) Ms Marsic (Attorney-General of NSW, Amicus Curiae)