Ezekiel-Hart v The Council of the Law Society of the Act (No 4)
[2023] ACTSC 217
•7 August 2023
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Ezekiel-Hart v The Council of the Law Society of the ACT (No 4) |
Citation: | [2023] ACTSC 217 |
Hearing Date: | 7 August 2023 |
Decision Date: | 7 August 2023 |
Before: | Curtin AJ |
Decision: | (1) Pursuant to r 1401 of the Court Procedures Rules 2006 (ACT) and s 5A of the Court Procedures Act2004 (ACT), I dispense with any requirement that these certificates be served in advance of today's hearing. (2) The certificates will be marked Exhibit D on the application. |
Catchwords: | PRACTICE AND PROCEDURE – where tender of documents occurred in the absence of the plaintiff – whether any prejudice is established – where plaintiff was present when orders were made – tender accepted |
Legislation Cited: | Court Procedures Act2004 (ACT), s 5A |
Cases Cited: | Ezekiel-Hart v The Council of the Law Society of the ACT (No 2) [2023] ACTSC 207 |
Parties: | Emmanuel Ezekiel-Hart ( Plaintiff) Council of the Law Society of the ACT ( First Defendant) Robert Anthony Reis (Second Defendant) Simone Carton (Third Defendant) Farzana Choudhury (Fourth Defendant) Katie Elizabeth Binstock (Fifth Defendant) Samuel Harper (Sixth Defendant) Attorney-General of the ACT (Seventh Defendant) Director of Public Prosecution (ACT) (Eighth Defendant) ACT Police Commissioner (Ninth Defendant) |
Representation: | Counsel No appearance (Plaintiff) D Moujalli ( First to Sixth Defendants) A Muller (Seventh to Eighth Defendants L Hilly (Ninth Defendant) |
| Solicitors No appearance (Plaintiff) Thomson Geer ( First to Sixth Defendants) ACT Government Solicitor (Seventh to Eighth Defendants) MinterEllison (Ninth Defendant) | |
File Number: | SC 139 of 2023 |
CURTIN AJ:
EX TEMPORE (REVISED)
Introduction
1․The first to sixth defendant seek to tender four certificates of dismissal in the Magistrates' Court of the ACT all dated 4 August 2023 (which was last Friday). These certificates have not been served on the plaintiff. The four certificates relate to four proceedings commenced by the plaintiff in the Magistrates' Court and which are referred to in my judgment in Ezekiel-Hart v The Council of the Law Society of the ACT (No 2) [2023] ACTSC 207.
2․Subsequent to me delivering judgment in Ezekiel-Hart (No 2) the four matters came before Magistrate Lawton on 1 August 2023.
3․The transcript in Exhibit B on the applications being heard by me today (which commences at page 102) establishes that the plaintiff appeared on that occasion. The short point is that the four matters commenced by the plaintiff were taken over by the ACT Director of Public Prosecutions (DPP) and the Commonwealth DPP both of whom offered no evidence.
4․At page 107 of Exhibit B, his Honour is noted as saying:
All right … then to confirm in respect to all four charges before the court, the Commonwealth Director and the ACT Director have taken control pursuant to relevant sections in respect to all four charges. No evidence has been offered and each charge will be formally dismissed.
5․The four certificates now sought to be tendered are the Magistrates Court's official record of the order quoted above. Given Mr Ezekiel-Hart was present when the orders were announced, there is no prejudice to him on the present applications by admitting these certificates notwithstanding they had not been served on him previously.
Orders
6․Accordingly, I make the following Orders:
(1)Pursuant to r 1401 of the Court Procedures Rules 2006 (ACT) and s 5A of the Court Procedures Act2004 (ACT), I dispense with any requirement that these certificates be served in advance of today's hearing.
(2)The certificates will be marked Exhibit D on the application.
| I certify that the preceding six [6] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Curtin. Associate: Date: |
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