Commissioner of Police, NSW Police Force v Hariz [2019] NSWSC 905

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, NSW Police Force v Hariz [2019] NSWSC 905 Hearing dates: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) The first defendant's application for referral to the registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance is granted. Catchwords: APPLICATION FOR PRO BONO ASSISTANCE – application by defendant for pro bono assistance to resist application for judicial review of magistrate's decision – proceedings involve questions of law – would advance the administration of justice to order the referral – defendant impecunious and in receipt of carer's pension to look after ailing mother Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Local Court Act 2007 (NSW), s 70 Uniform Civil Procedure Rules 2005 (NSW), rr 7.35, 7.36 Category: Procedural and other rulings Parties: Commissioner of Police, NSW Police Force (Plaintiff) Raed Hariz (First Defendant) Local Court Magistrate Richard Funston (Second Defendant) Representation: Counsel: Defendant in person

Solicitors: File Number(s): 2019/169320

Judgment: EX TEMPORE

Introduction 1. By amended summons commencing an appeal the Commissioner of Police, NSW Police Force (the plaintiff) applies pursuant to s 70(1) of the Local Court Act 2007 (NSW) and Part 5 of the Crimes (Appeal and Review) Act 2001 (NSW) for orders setting aside orders made by Funston LCM on 23 and 24 May 2019 for the return of certain property to Raed Hariz (the first defendant), including a laptop computer. This matter is listed for hearing before this Court on 29 July 2019. As the defendant maintains his right to the return of the property which was ordered by Funston LCM, the proceedings will be contested. 2. By notice of motion filed on 9 July 2019 the defendant applies for a referral for legal assistance under Division 9 Part 7 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). He relies on an affidavit sworn on 15 July 2019.