Recent Cases

Choi v Secretary, Department of Justice and Communities [2022] NSWCA 170 (01 September 2022) (Ward P, Meagher and Leeming JJA)


APPEALS — Procedural fairness — Denial of procedural fairness — Where primary judge alleged to have worn a brown suit and no tie — Whether failure of primary judge to wear a robe and wig a denial of procedural fairness or a breach of the Court Attire Policy — No denial of procedural fairness

APPEALS — Right of appeal — Relationship with judicial review — Where applicant sought leave to appeal from two decisions of the primary judge and judicial review of the same two decisions — Whether primary judge was exercising an administrative function in light of his Honour’s omission to wear robes and a wig

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process — Whether judicial review proceedings an abuse of process

APPEALS — Leave to appeal — Principles governing — Public importance

APPEALS — From exercise of discretion — Whether House v The King (1936) 55 CLR 499; [1936] HCA 40 type error disclosed by the primary judge