Odeh v New South Wales Police Service [2019] NSWSC 345

Supreme Court New South Wales

Medium Neutral Citation: Odeh v New South Wales Police Service [2019] NSWSC 345 Hearing dates: 29 March 2019 Decision date: 01 April 2019 Jurisdiction: Common Law Before: R A Hulme J Decision: 1. The summons filed by the plaintiff on 7 March 2019 is dismissed. 2. Unless application is made and notified to my associate within 7 days for an alternative order, the plaintiff is to pay the defendant's costs. Catchwords: CIVIL PROCEDURE — Jurisdiction – Threshold issue of existence of jurisdiction – s 17 and Third Schedule Supreme Court Act NSW (1970) does not preclude supervisory jurisdiction – Plaintiff alleges prosecution of criminal charges in District Court is an abuse of process – Declaratory relief sought to stay criminal trial – Interest in "avoidance of interruption" of criminal proceedings except in extremely unusual circumstances – Irrelevance of police charging "policy" – Failure to investigate and obtain exculpatory material can be dealt with during criminal trial – Pending application for similar relief listed for hearing in District Court – Availability of other alternative avenues for relief – Discretion to exercise jurisdiction declined Legislation Cited: Criminal Appeal Act 1912 (NSW) s 5(1), 5F(3) Supreme Court Act 1970 (NSW) s 17 Cases Cited: Odeh v State of New South Wales [2019] NSWSC 342 Chamoun v District Court of New South Wales [2018] NSWCA 187 Chow v Director of Public Prosecutions (1992) 28 NSWLR 593 Category: Principal judgment Parties: Husam Ali Odeh (Plaintiff) New South Wales Police Service (Defendant) Representation: Counsel: Mr P Menzies (Plaintiff) Ms S Chrysanthou (Defendant)