Obeid v The Queen

HIGH COURT OF AUSTRALIAGAGELER JEDWARD MOSES OBEID  APPLICANTANDTHE QUEEN  RESPONDENTObeid v The Queen[2016] HCA 9Date of Order:  19 January 2016Date of Publication of Reasons:  4 April 2016S265/2015ORDERThe applicant's summons filed on 17 December 2015 be dismissed.RepresentationG O'L Reynolds SC with D P Hume for the applicant (instructed by Breene and Breene Solicitors)W J Abraham QC with S F Beckett for the respondent (instructed by Solicitor for Public Prosecutions (NSW))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSObeid v The QueenPractice and procedure – High Court of Australia – Appeal – Stay of proceeding – Application to stay criminal proceeding in Supreme Court of New South Wales pending determination of application for special leave to appeal – Applicant made interlocutory application before empanelment of jury in proceeding on indictment in Supreme Court to quash indictment or permanently stay proceeding – Application refused by single judge – Appeal dismissed by Court of Criminal Appeal – Application made for special leave to appeal – Whether criminal proceeding should be stayed pending determination of special leave application.High Court Rules 2004 (Cth), r 8.07.GAGELER J.   This is a revised version of the reasons for decision delivered orally in open court on 19 January 2016 at the conclusion of a hearing on that day of an application for a stay of criminal proceedings pending the determination of an application for special leave to appeal.  There being no urgency about the publication of the...