Zakaria v Local Court of New South Wales [2018] NSWSC 492

Supreme Court New South Wales

Medium Neutral Citation: Zakaria v Local Court of New South Wales [2018] NSWSC 492 Hearing dates: 15, 16 March 2018 Date of orders: 16 March 2018 Decision date: 20 April 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Notice of Motion filed in Court on 15 March 2018 is dismissed.

(2) I order that the Applicant pay the Respondents' costs of the motion. Catchwords: CRIMINAL PROCEDURE – application for injunction restraining DPP from conducting committal hearing pending appeal – where stay application previously refused – where notice of motion provided to duty judge one court hour before committal hearing due to commence – where one defendant not served with notice of motion Legislation Cited: Crimes (Appeal and Review) Act 2001 ss 35, 53, 55 Criminal Procedure Act 1986 (NSW) s 263 Firearms Act 1996 (NSW) ss 50B, 51 Supreme Court Act 1970 (NSW) ss 66, 69 Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Cases Cited: Capgemini US LLC v Case [2004] NSWSC 674 Hall v R [2015] NSWCCA 29 Iqbal v R [2012] NSWCCA 72 Osman v Director of Public Prosecutions [2016] NSWSC 1222 Sergi v Director of Public Prosecutions (Court of Appeal (NSW), 10 September 1991, unrep) Woodhouse v DPP [2015] NSWCA 40 Woods v DPP; Fantakis v DPP (No 2) [2016] NSWSC 448 Category: Procedural and other rulings Parties: Masood Zakaria (Plaintiff) Local Court of New South Wales (First Defendant) Director of Public Prosecutions (NSW) (Second Defendant) Representation: Counsel: S Lawrence (Plaintiff) D Kelly, solicitor (Second Defendant)