Kostov v Director of Public Prosecutions (NSW) [2020] NSWCA 73

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kostov v Director of Public Prosecutions (NSW) [2020] NSWCA 73 Hearing dates: 20 April 2020 Date of orders: 20 April 2020 Decision date: 21 April 2020 Before: Bell P Decision: 1. Order that the Director of Public Prosecutions (NSW) be substituted for the "Office of the Director of Public Prosecutions" as first respondent.

2. Direct both parties to file and exchange by 4.00pm on Monday 27 April 2020, written submissions on the question of:

(i) whether or not leave pursuant to the Vexatious Proceedings Act 2008 (NSW) was required to commence judicial review proceedings; and

(ii) what consequence, if any, flows from the failure to obtain such leave.

3. Direct any submissions to be filed and served in reply by 4.00pm on Monday 4 May 2020. Legislation Cited: Vexatious Proceedings Act 2008 ss 8(9), 9, 13(1), 13(2), 13(3) Uniform Civil Procedure Rules 2005 (NSW) r 13.4(1)(b) Cases Cited: Klewer v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 69 Category: Procedural and other rulings Parties: Adriana Kostov (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel:

Solicitors: Adriana Kostov (Applicant in person) H Langley, Office of the Director of Public Prosecutions (First Respondent) A Sapienza, Crown Solicitor's Office (Submitting appearance) (Second Respondent) File Number(s): 2020/00073409 Publication restriction: N/A