Woods v Director of Public Prosecutions (NSW) ; Fantakis v Director of Public Prosecutions (NSW) [2016] NSWSC 447

Woods v Director of Public Prosecutions (NSW) ; Fantakis v Director of Public Prosecutions (NSW) [2016] NSWSC 447

The interests of justice require that the hearing of the judicial review applications be adjourned to allow the plaintiffs, who are self-represented and in custody, sufficient time to receive and review the transcripts necessary to properly prepare their arguments, particularly on issues of natural justice and apprehended bias.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Judicial Review / Interlocutory; Directions Hearing and Adjournment
Outcome
The hearing is adjourned. Directions made for filing and service of written submissions and future listing.
Legal Topics
['judicial Review' 'committal Proceedings' 'adjournment' 'procedural Fairness' 'natural Justice' 'self Represented Litigants']
['criminal Law' 'administrative Law'] ['judicial Review' 'committal Proceedings' 'adjournment' 'procedural Fairness' 'natural Justice' 'self Represented Litigants']

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Procedural Posture

Judicial Review / Interlocutory; Directions Hearing and Adjournment

Legal Issues

  1. 1 ['Whether plaintiffs should be granted an adjournment in judicial review proceedings concerning decisions of magistrates in committal proceedings' 'Whether plaintiffs require time to review transcripts of Local Court proceedings to prepare their legal arguments, particularly regarding apprehended bias and natural justice']

Ratio Decidendi

The interests of justice require that the hearing of the judicial review applications be adjourned to allow the plaintiffs, who are self-represented and in custody, sufficient time to receive and review the transcripts necessary to properly prepare their arguments, particularly on issues of natural justice and apprehended bias.

Court Disposition

The hearing is adjourned. Directions made for filing and service of written submissions and future listing.

Orders

  • ['The hearing is adjourned.' 'Mr Woods, Plaintiff in Matter No 2016/10749, to file and serve written submissions by 22 April 2016.' 'Mr Fantakis, Plaintiff in Matters No 2016/14432 and 2016/36676, to file and serve written submissions by 29 April 2016.' 'The First Defendant to file and serve written submissions by 7...