Endemi v Ginman; Moore v Commonwealth Director of Public Prosecutions (No 3) [2023] NSWSC 395

Endemi v Ginman; Moore v Commonwealth Director of Public Prosecutions (No 3) [2023] NSWSC 395

The Registrar's decision to dismiss the plaintiffs' summons should stand, as no material error, procedural prejudice, or substantive basis for intervention was established; procedural irregularities and complaints raised were without merit; applicant to pay plaintiffs' costs of and incidental to the notice of motion.

Parties
First Plaintiff: Kylie Endemi; Second Plaintiff: Matthew Pawsey; Third Plaintiff: Michelle McAllister; Fourth Plaintiff: Matthew Bolton; First Defendant: Registrar Colette Ginman; Second Defendant: Registrar Christine Sanderson; Third Defendant/cross Claimant/applicant on the Motion: Ian Moore; Cross Defendant: Commonwealth Director for Public Prosecutions
Jurisdiction
Australia
Judgment Date
19 April 2023
Procedural Posture
Notice of Motion for Judicial Review / Final Determination on Amended Prayer 2 of Motion; Dismissal of Motion
Outcome
Prayer 2 of the notice of motion is dismissed; applicant ordered to pay plaintiffs' costs of and incidental to the motion.
Legal Topics
Review of Registrar's Decision, Private Prosecutions, Discontinuance of Proceedings, Costs Orders
Civil Procedure Judicial Review Review of Registrar's Decision Private Prosecutions Discontinuance of Proceedings Costs Orders

Case Brief

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Parties

Kylie Endemi

First Plaintiff

Matthew Pawsey

Second Plaintiff

Michelle McAllister

Third Plaintiff

Matthew Bolton

Fourth Plaintiff

Registrar Colette Ginman

First Defendant

Registrar Christine Sanderson

Second Defendant

Ian Moore

Third Defendant/cross Claimant/applicant on the Motion

Commonwealth Director for Public Prosecutions

Cross Defendant

Procedural Posture

Notice of Motion for Judicial Review / Final Determination on Amended Prayer 2 of Motion; Dismissal of Motion

Legal Issues

  1. 1 Whether the Registrar's decision to dismiss the plaintiffs' summons should be reviewed and overturned
  2. 2 Procedural irregularity regarding notice of discontinuance
  3. 3 Appropriate mechanism for reviewing Local Court Registrar's decisions

Ratio Decidendi

The Registrar's decision to dismiss the plaintiffs' summons should stand, as no material error, procedural prejudice, or substantive basis for intervention was established; procedural irregularities and complaints raised were without merit; applicant to pay plaintiffs' costs of and incidental to the notice of motion.

Court Disposition

Prayer 2 of the notice of motion is dismissed; applicant ordered to pay plaintiffs' costs of and incidental to the motion.

Orders

  • Prayer 2 of the notice of motion filed by Mr Moore on 28 April 2022 is dismissed.
  • Order that Mr Moore as the applicant pays the plaintiffs' costs of and incidental to that notice of motion.