El-Saeidy v Director of Public Prosecutions (NSW) [2019] NSWCA 289

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Saeidy v Director of Public Prosecutions (NSW) [2019] NSWCA 289 Hearing dates: 28 November 2019 Date of orders: 28 November 2019 Decision date: 29 November 2019 Before: Basten JA at [1]; Leeming JA at [61]; Payne JA at [62] Decision: (1) Direct that the first defendant be identified as Director of Public Prosecutions (NSW).

(2) Dismiss the proceedings in this Court.

(3) Order that the applicant pay the costs of the Director of Public Prosecutions (NSW) in this Court. Catchwords: JUDICIAL REVIEW – appeal pending in District Court – criminal jurisdiction – appeals from convictions and imposition of apprehended domestic violence order IN Local Court – review of interlocutory decisions – review of rejection of recusal application

PROCEDURAL FAIRNESS – bias – recusal application based on apprehended bias – appeal from refusal – when interlocutory appeal available

PROCEDURE – solicitor on record – professional responsibilities – instructions terminated after failed adjournment application – limiting scope of solicitor's instructions – application of Uniform Civil Procedure Rules 2005 (NSW), Pt 7, div 7 Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 8, 18, 19 District Court Act 1973 (NSW), ss 8, 176 Supreme Court Act 1970 (NSW), s 69

Uniform Civil Procedure Rules 2005 (NSW), rr 7.27, 7.29, 7.30, 59.10 Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 In the matter of SM Project Developments Pty Ltd (In liq) [2017] NSWSC 1010 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 Malouf v Malouf (2006) 65 NSWLR 449; [2006] NSWCA 83 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427; [2011] HCA 48 Muldoon v Church of England Children's Homes Burwood (2011) 80 NSWLR 282; [2011] NSWCA 46 Category: Principal judgment Parties: Fawzi El-Saeidy (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Applicant self-represented for substantive hearing Ms J Davidson (First Respondent)