Shapkin v Director of Public Prosecutions

In the Supreme Court of New South Wales, Justice Leeming considered an application by Mr Shapkin concerning a notice of motion dated 26 July 2024, in relation to proceedings brought by the Director of Public Prosecutions. The central dispute revolved around whether there was any purpose served in hearing the notice of motion prior to the imminent final hearing of a summons filed by Mr Shapkin on 5 June 2024.

The primary legal issue before the court was to determine the appropriate procedural course for the proceedings, specifically whether the notice of motion should be heard independently or consolidated with the upcoming hearing of Mr Shapkin’s summons. The court was tasked with managing the procedural timetable to ensure the efficient and effective progression of the case towards its final determination.

Justice Leeming reasoned that it would be more efficient to stand over the notice of motion until the hearing of Mr Shapkin’s summons, which was already listed for final hearing on 27 September 2024. The court varied the procedural timetable, setting specific dates for the filing and service of documents by both parties, including white folders and written submissions. A directions hearing was appointed for 11 September 2024, which would be vacated if the applicant complied with the filing deadlines. The court confirmed the hearing date for the summons and reserved costs for the day. Furthermore, the court dispensed with the requirement for a combined court book, intending for the hearing to proceed on the basis of the white folders supplied by the applicant, provided they were suitable.