Woods v Director of Public Prosecutions (NSW) ; Fantakis v Director of Public Prosecutions (NSW) (No 2) [2016] NSWSC 448

Woods v Director of Public Prosecutions (NSW) ; Fantakis v Director of Public Prosecutions (NSW) (No 2) [2016] NSWSC 448

Although the claim of bias was assumed to be fairly arguable, the balance of convenience did not favour granting a stay, as the likely costs would be wasted in either event and the benefit of the relief sought would not be rendered nugatory if the stay was refused.

Jurisdiction
Australia
Judgment Date
08 April 2016
Procedural Posture
Application for Stay of Criminal Committal Proceedings / Interlocutory Application
Outcome
Application for a stay of proceedings refused
Legal Topics
['stay of Proceedings' 'committal Proceedings' 'judicial Review']
['criminal Law' 'procedure'] ['stay of Proceedings' 'committal Proceedings' 'judicial Review']

Case Brief

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Procedural Posture

Application for Stay of Criminal Committal Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether a stay of committal proceedings in the Local Court should be granted pending the outcome of judicial review applications' 'Whether there is a fairly arguable case of bias on the part of the learned Magistrate']

Ratio Decidendi

Although the claim of bias was assumed to be fairly arguable, the balance of convenience did not favour granting a stay, as the likely costs would be wasted in either event and the benefit of the relief sought would not be rendered nugatory if the stay was refused.

Court Disposition

Application for a stay of proceedings refused

Orders

  • ['Application for a stay of proceedings refused']