Recent Cases

Ming v Director of Public Prosecutions (NSW) [2022] NSWCA 209 (19 October 2022) (White, Mitchelmore and Kirk JJA)


Catchwords:


ADMINISTRATIVE LAW — Ground of review other than procedural fairness — Procedural error — Right to reasons — Inadequacy of reasons — Whether inadequacy of reasons on part of non-superior court amounts to jurisdictional error — Nature of judicial duty to give reasons — Where inadequacy of reasons does not constitute failure to deal with substantial and clearly articulated argument or other similar failure to exercise jurisdiction

ADMINISTRATIVE LAW — failure to deal with substantial and clearly articulated argument — overlap with procedural fairness

CRIME — Appeal and review — Appeal from Local Court to District Court — Whether constructive failure on part of District Court judge in performing appeal functions