Kalache v Local Court of New South Wales [2017] NSWSC 1614

Supreme Court New South Wales

Medium Neutral Citation: Kalache v Local Court of New South Wales [2017] NSWSC 1614 Hearing dates: 21 November 2017 Date of orders: 22 November 2017 Decision date: 23 November 2017 Jurisdiction: Common Law Before: McCallum J Decision: Summons dismissed Catchwords: JUDICIAL REVIEW – application for order of prohibition to restrain magistrate from continuing to hear part-heard criminal proceedings – where magistrate referred to plea of guilty to another offence during course of evidentiary ruling – whether magistrate ought to have disqualified himself on the grounds of apprehended bias Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13(1) Crimes Act 1900 (NSW), ss 61, 195(1)(a) Supreme Court Act 1970 (NSW), s 69 Surveillance Devices Act 2007 (NSW), s 7 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Lee v Cha [2008] NSWCA 13 Category: Procedural and other rulings Parties: Ali Kalache (plaintiff) Local Court of New South Wales (first defendant) Senior Constable Ivan Hughes (second defendant) Representation: Counsel: P Lange (plaintiff) K Edwards (as amicus curiae retained by the Attorney General)

Solicitors: Aquila Lawyers (plaintiff) Crown Solicitor's Office (New South Wales) (first defendant) HWL Ebsworth Lawyers (second defendant) File Number(s): 17/335821 Publication restriction: None