Recent Cases

Clark v Attorney General of New South Wales [2023] NSWCA 208 (06 September 2023) (Gleeson and White JJA, Basten AJA)


Catchwords:


ADMINISTRATIVE LAW – judicial review – crime – application to set aside decision of judge to refuse to consider or otherwise deal with an application for an inquiry into a conviction – whether error of law on the face of the record or jurisdictional error

ADMINISTRATIVE LAW – judicial review – boundary of legal unreasonableness – whether little weight accorded to a factor of great importance – need for caution to avoid review of merits

CRIMINAL PROCEDURE – functions of judge considering an application for an inquiry into a conviction under Pt 7 of Crimes (Appeal and Review) Act 2001 (NSW) – functions non-judicial – where previous unsuccessful applications – refusal to consider or further deal with fresh application – no function to review correctness of earlier decisions