Fantakis v Local Court of New South Wales [2020] NSWSC 931

Fantakis v Local Court of New South Wales [2020] NSWSC 931

Leave to appeal was refused as the plaintiff's grounds did not raise a question of law alone as required by s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW). The Local Court applied the correct legal principles to the evidence and gave comprehensive reasons. There was no error of law shown in setting aside the subpoena for lack of legitimate forensic purpose, nor in the reasons provided by the magistrate.

Parties
Plaintiff: Terry (Elefterios) Fantakis; First Defendant: Local Court of NSW; Second Defendant: Commissioner of NSW Police; Third Defendant: Detective Senior Sergeant Mark Dukes
Jurisdiction
Australia
Judgment Date
22 July 2020
Procedural Posture
Leave to Appeal (criminal Interlocutory) / Supreme Court Application for Leave to Appeal Interlocutory Order
Outcome
Leave to appeal refused; stay of proceedings removed
Legal Topics
Subpoenas, Intimidation of Police, Appeal – Interlocutory Application, Procedural Fairness, Forensic Purpose of Subpoena, Relevance and Fishing Expeditions
Criminal Law Evidence Subpoenas Intimidation of Police Appeal – Interlocutory Application Procedural Fairness Forensic Purpose of Subpoena Relevance and Fishing Expeditions

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Parties

Terry (Elefterios) Fantakis

Plaintiff

Local Court of NSW

First Defendant

Commissioner of NSW Police

Second Defendant

Detective Senior Sergeant Mark Dukes

Third Defendant

Procedural Posture

Leave to Appeal (criminal Interlocutory) / Supreme Court Application for Leave to Appeal Interlocutory Order

Legal Issues

  1. 1 Whether leave to appeal should be granted against the Local Court order setting aside the plaintiff's subpoena
  2. 2 Whether the magistrate erred in setting aside the subpoena for lack of legitimate forensic purpose
  3. 3 Whether adequate reasons were given and material evidence overlooked

Ratio Decidendi

Leave to appeal was refused as the plaintiff's grounds did not raise a question of law alone as required by s 53(3)(b) of the Crimes (Appeal and Review) Act 2001 (NSW). The Local Court applied the correct legal principles to the evidence and gave comprehensive reasons. There was no error of law shown in setting aside the subpoena for lack of legitimate forensic purpose, nor in the reasons provided by the magistrate.

Court Disposition

Leave to appeal refused; stay of proceedings removed

Orders

  • Leave to appeal against the judgment of Rodgers LCM is refused.
  • The stay of proceedings ordered on 17 July 2020 is removed.