Kalache v Local Court of New South Wales (No 2) [2017] NSWSC 1736

Supreme Court New South Wales

Medium Neutral Citation: Kalache v Local Court of New South Wales (No 2) [2017] NSWSC 1736 Hearing dates: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff to pay second defendant's costs of the hearing before Hamill J on 16 and 17 November 2017 apart from the costs of the abandoned application to be released from the proceedings Catchwords: COSTS – application for order prohibiting a magistrate from hearing criminal proceedings – police officer named personally as a defendant – costs incurred in taking active role in opposing a stay of the underlying criminal prosecution – where plaintiff's lateness in bringing the proceedings and failure to give reasonable notice of the application for a stay frustrated the orderly consideration by the Attorney General whether to seek leave to intervene to act as contradictor Legislation Cited: Supreme Court Act 1970 (NSW), s 69 Cases Cited: Ali Kalache v Local Court of New South Wales [2017] NSWSC 1606 Dillon v Boland; Dillon v Cush [2012] NSWCA 364 Kalache v Local Court of New South Wales [2017] NSWSC 1614 Murlan Consulting Pty Ltd v Ku-ring-gai Municipal Council (2009) 170 LGERA 162; [2009] NSWCA 300 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) S Given (second defendant)