Gibson v Director of Public Prosecutions [2021] NSWCA 176

Gibson v Director of Public Prosecutions [2021] NSWCA 176

No sufficient basis was established to vacate the hearing; proceedings are ready and absent medical evidence, the presence of stress or concurrent Local Court proceedings does not warrant delay.

Jurisdiction
Australia
Judgment Date
09 August 2021
Procedural Posture
Judicial Review / Interlocutory Application – Motion to Vacate Hearing Date
Outcome
Applicant's motion to vacate hearing date dismissed; procedural direction about submissions; costs in the proceedings.
Legal Topics
['judicial Review' 'refusal to State Case' 'application to Vacate Hearing Date' 'pending Local Court Charge' 'stress' 'lack of Medical Evidence']
['practice and Procedure'] ['judicial Review' 'refusal to State Case' 'application to Vacate Hearing Date' 'pending Local Court Charge' 'stress' 'lack of Medical Evidence']

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Procedural Posture

Judicial Review / Interlocutory Application – Motion to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether there was a sufficient basis to vacate the hearing date of 20 August 2021 in the judicial review application concerning refusal by District Court to state a case to the Court of Criminal Appeal.']

Ratio Decidendi

No sufficient basis was established to vacate the hearing; proceedings are ready and absent medical evidence, the presence of stress or concurrent Local Court proceedings does not warrant delay.

Court Disposition

Applicant's motion to vacate hearing date dismissed; procedural direction about submissions; costs in the proceedings.

Orders

  • ["Dismiss the applicant's motion filed 5 August 2021 seeking to vacate the hearing date of 20 August 2021." 'While there is no obligation on the applicant to file written submissions in reply, if he wishes to do so, they should be filed by no later than 5pm Monday 16 August 2021.' 'Costs of the motion to be in the...