El-Saeidy v Director of Public Prosecutions (NSW)

The applicant, El-Saeidy, sought to stay the hearing of an appeal in the District Court of New South Wales. The respondents were initially identified as Judge Colefax and Ms Wills, with the Director of Public Prosecutions (NSW) also involved. The dispute concerned the applicant's attempt to prevent the District Court appeal from proceeding.

The primary legal issue before the court was whether the applicant had an arguable case for relief in the Supreme Court's supervisory jurisdiction, specifically concerning the District Court appeal. This involved determining whether any relief sought would be futile or if such relief could have been obtained within the District Court itself.

Basten JA considered the applicant's arguments and concluded that there was no arguable case for the relief sought. The court found that the applicant had not demonstrated a basis for intervention in the District Court proceedings through the supervisory jurisdiction of the Supreme Court. Consequently, the notice of motion filed by the applicant was dismissed. The orders reflected a streamlining of the respondents, identifying the Director of Public Prosecutions as the sole respondent and removing the judge and Ms Wills.