El-Saeidy v Director of Public Prosecutions (NSW) (No 2) [2019] NSWCA 297

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Saeidy v Director of Public Prosecutions (NSW) (No 2) [2019] NSWCA 297 Hearing dates: 28 November 2019 Date of orders: 28 November 2019 Decision date: 28 November 2019 Before: Basten JA; Leeming JA; Payne JA Decision: (1) The application to vacate the hearing is dismissed.

(2) The application to amend the summons is rejected. Catchwords: CIVIL PROCEDURE – judicial review – vacation of hearing date – amendment of summons in course of hearing – no basis to delay hearing – summons sought to be amended to add challenge to refusal to state a case to Court of Criminal Appeal – no evidence of application nor of a material question of law Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5B Category: Procedural and other rulings 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)

Solicitors: Slattery Thompson Solicitors (For Applicant on adjournment application) Applicant self-represented for substantive hearing Office of Director of Public Prosecutions (NSW) (First Respondent) Crown Solicitor's Office (Second Respondent) File Number(s): 2019/293092 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 16 July 2019 Before: Bennett SC DCJ File Number(s): 2016/323816; 2016/178780; 2016/205238