Nattrass v Patterson - [1993] 2 NZLR 115

Judicial review — Procedure — Application for stay of hearing — Private prosecution — Refusal of prosecutor to supply necessary information to defendant — Long delays — District Court order for pretrial discovery — Prosecution set down for hearing in District Court — Application to High Court to review District Court decision — Application to High Court for stay of hearing of prosecution pending hearing of judicial review application — Effect of stay would be to delay hearing of prosecution — Whether stay should be granted — Judicature Amendment Act 1972, s 8.

Practice and procedure — Stay of proceedings — Private prosecution — Order of District Court ordering pretrial discovery — No good reason given as to why pretrial discovery should not be given — Effect of stay would be to delay hearing of prosecution — Whether stay should be granted.