Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346

Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 346

The applicant's current complaints raise no new issues of substance from those already dismissed; the summons and applications are without reasonable cause of action, are frivolous, vexatious or abuse of process within UCPR r 13.4, and no exceptional circumstances warrant a stay pending High Court proceedings.

Jurisdiction
Australia
Judgment Date
18 December 2020
Procedural Posture
Judicial Review / Motion for Summary Dismissal / Application for Stay of Orders Pending Special Leave to Appeal to High Court
Outcome
Applications and amended summonses dismissed.
Legal Topics
['frivolous and Vexatious Proceedings' 'statutory Stay and Bail' 'repeat Applications' 'abuse of Process' 'judicial Review of Criminal Proceedings' 'summary Dismissal']
['criminal Law' 'judicial Review' 'practice and Procedure'] ['frivolous and Vexatious Proceedings' 'statutory Stay and Bail' 'repeat Applications' 'abuse of Process' 'judicial Review of Criminal Proceedings' 'summary Dismissal']

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Procedural Posture

Judicial Review / Motion for Summary Dismissal / Application for Stay of Orders Pending Special Leave to Appeal to High Court

Legal Issues

  1. 1 ["Whether the applicant's amended summons and applications disclose any reasonable cause of action or constitute an abuse of process under UCPR r 13.4" 'Whether exceptional circumstances exist to warrant a stay of sentence pending a potential High Court special leave application' 'Whether the repeated grounds raised by the applicant can be re-litigated after previous dismissal']

Ratio Decidendi

The applicant's current complaints raise no new issues of substance from those already dismissed; the summons and applications are without reasonable cause of action, are frivolous, vexatious or abuse of process within UCPR r 13.4, and no exceptional circumstances warrant a stay pending High Court proceedings.

Court Disposition

Applications and amended summonses dismissed.

Orders

  • ["Dismiss the applicant's application for a stay of the orders of this Court made on 19 November 2020 pending determination of any application for special leave to appeal to the High Court of Australia from those orders." "Dismiss the applicant's notice of motion filed on 3 December 2020." "On the Director's motion,...