Recent Cases

Belan v Office of the Director of Public Prosecutions (NSW) [2021] NSWCA 96 (20 May 2021) (Meagher JA at [1]; Leeming JA at [2]; McCallum JA at [89].)


ADMINISTRATIVE LAW – judicial review – jurisdictional error – appeal to District Court from conviction and sentence imposed by Local Court – plaintiff granted bail pending determination of appeal – District Court dismissed appeal against conviction and revoked bail without hearing from plaintiff – District Court granted adjournment for sentence appeal – at subsequent hearing of sentence appeal, District Court refused disqualification application, gave Parker warning and sentence appeal was withdrawn – conceded breach of procedural fairness in revocation of bail – whether District Court decisions affected by apprehended bias – whether jurisdictional error in dismissing conviction appeal – summons dismissed