Recent Cases

Khatib v Director of Public Prosecutions (NSW) [2023] NSWCA 324 (20 December 2023) (White JA at [1]; Simpson AJA at [101]; Griffiths AJA at [102])


ADMINISTRATIVE LAW – Supervisory jurisdiction – Judicial review – Judicial review of confirmation in District Court of conviction entered in Local Court – Where applicant advances numerous grounds of review asserting jurisdictional error in conduct of trial and appeal to District Court – Where applicant asserts primary judge’s comments gave rise to apprehension of bias – Where applicant asserts denials of procedural fairness arising from inability personally to address Court and judge’s possession of extraneous information – Where applicant asserts constructive failures to exercise jurisdiction by failure to respond to substantial and clearly articulated arguments – Where applicant asserts mistaken denial of appellate jurisdiction in conduct of appeal – Where applicant asserts finding of fact made in absence of any evidence – Where applicant asserts diverse errors of law in conduct of appeal – Where applicant asserts legally unreasonable or irrational finding of fact made – Where none of applicant’s grounds has merit – No issue of principle – Application for judicial review dismissed