Godla v Director of Public Prosecutions (NSW) [2022] NSWCA 193

Godla v Director of Public Prosecutions (NSW) [2022] NSWCA 193

The amended notice of motion was dismissed because the applicant had not shown a basis for urgent listing before three judges, the requested injunctive and prohibitive relief against charges, arrest and detention was misconceived and unsupported by evidence or legal foundation, a pro bono referral was not in the interests of justice given the absence of evidence about means, previous legal assistance, the repetitive nature of the arguments and limited likely utility, and a non-publication order was not necessary or appropriate because the applicant's registration status had already been disclosed in Federal Court judgments and the open justice interest was not outweighed.

Jurisdiction
Australia
Judgment Date
30 September 2022
Procedural Posture
Procedural Rulings in Court of Appeal Proceedings / Amended Notice of Motion Seeking Listing Before Three Judges and Expedition, Injunctive and Prohibitive Relief, Pro Bono Referral, and a Non Publication Order
Outcome
The applicant's amended notice of motion and application for a non-publication order were dismissed, with costs to the Director of Public Prosecutions (NSW) and the State of New South Wales on the motion.
Legal Topics
['referral Under R 7.36 of the Uniform Civil Procedure Rules 2005 (nsw)' 'expedition and Listing Before Three Judges' 'injunction or Prohibition Against Arrests, Detention and New Charges' 'child Protection Register Confidentiality' 'court Suppression and Non Publication Orders Act 2010 (nsw)' 'open Justice']
['civil Procedure' 'suppression and Non Publication Orders' 'pro Bono Legal Assistance' 'criminal Procedure' 'administrative Law'] ['referral Under R 7.36 of the Uniform Civil Procedure Rules 2005 (nsw)' 'expedition and Listing Before Three Judges' 'injunction or Prohibition Against Arrests, Detention and New Charges' 'child Protection Register Confidentiality' 'court Suppression and Non Publication Orders Act 2010 (nsw)' 'open Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural Rulings in Court of Appeal Proceedings / Amended Notice of Motion Seeking Listing Before Three Judges and Expedition, Injunctive and Prohibitive Relief, Pro Bono Referral, and a Non Publication Order

Legal Issues

  1. 1 ['Whether the matter should be ordered to be listed urgently before three judges of the Court of Appeal.' 'Whether the Court should grant an injunction against new charges and a prohibition against arrests and detention until finalisation of the matter.' 'Whether the applicant should be referred for pro bono assistance under r 7.36 of the Uniform Civil Procedure Rules 2005 (NSW).' "Whether a non-publication or pseudonym order should be made to protect the applicant's identity under the Court Suppression and Non-publication Orders Act 2010 (NSW)."]

Ratio Decidendi

The amended notice of motion was dismissed because the applicant had not shown a basis for urgent listing before three judges, the requested injunctive and prohibitive relief against charges, arrest and detention was misconceived and unsupported by evidence or legal foundation, a pro bono referral was not in the interests of justice given the absence of evidence about means, previous legal assistance, the repetitive nature of the arguments and limited likely utility, and a non-publication order was not necessary or appropriate because the applicant's registration status had already been disclosed in Federal Court judgments and the open justice interest was not outweighed.

Court Disposition

The applicant's amended notice of motion and application for a non-publication order were dismissed, with costs to the Director of Public Prosecutions (NSW) and the State of New South Wales on the motion.

Orders

  • ["The applicant's notice of motion originally filed on 5 September 2022, and subsequently amended, is dismissed." 'The applicant is to pay the costs of the Director of Public Prosecutions (NSW) and the State of New South Wales on the motion.' "The applicant's application for a non-publication order is dismissed."]