El-Saeidy v Ryan [2018] NSWSC 73

El-Saeidy v Ryan [2018] NSWSC 73

Given that related Local Court proceedings are progressing and there is an available statutory appeal mechanism, and in the absence of good reason, it is appropriate to adjourn Supreme Court proceedings to avoid duplication and futile litigation until the Local Court delivers its verdict.

Jurisdiction
Australia
Judgment Date
05 February 2018
Procedural Posture
Procedural and Other Rulings / Notice of Motion for Summary Dismissal – Adjournment Application
Outcome
Notice of motion for summary dismissal adjourned; all present listings vacated; matter stood over; liberty to apply on notice; costs reserved.
Legal Topics
['summary Charges' 'supervisory Jurisdiction' 'local Court Proceedings' 'adjournment' 'summary Dismissal']
['criminal Law' 'procedure'] ['summary Charges' 'supervisory Jurisdiction' 'local Court Proceedings' 'adjournment' 'summary Dismissal']

Case Brief

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Procedural Posture

Procedural and Other Rulings / Notice of Motion for Summary Dismissal – Adjournment Application

Legal Issues

  1. 1 ['Whether to grant an adjournment of notice of motion for summary dismissal' 'Whether proceedings in this court should continue given ongoing Local Court criminal proceedings']

Ratio Decidendi

Given that related Local Court proceedings are progressing and there is an available statutory appeal mechanism, and in the absence of good reason, it is appropriate to adjourn Supreme Court proceedings to avoid duplication and futile litigation until the Local Court delivers its verdict.

Court Disposition

Notice of motion for summary dismissal adjourned; all present listings vacated; matter stood over; liberty to apply on notice; costs reserved.

Orders

  • ['Vacate all present listings of these proceedings in this court.' 'Stand over the notice of motion filed 23 October 2017 until Thursday, 12 July 2018 at 9.00am before a Registrar.' "Liberty to apply on 14 days' notice." 'Costs of today will be reserved.']