Recent Cases

Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71 (20 April 2023) (Bell CJ, Leeming and Kirk JJA)


Catchwords:


ADMINISTRATIVE LAW – judicial review – jurisdictional error – application to revoke apprehended violence order after order had expired – Local Court dismissed application – District Court dismissed appeal – conceded jurisdictional error by District Court – whether relief should be withheld because District Court reached correct conclusion

STATUTORY CONSTRUCTION – amending legislation introduced express provisions authorising revocation of expired apprehended violence orders in 2008 – statutory review recommended repeal of power to revoke expired apprehended violence orders – 2016 amendments repealed provisions authorising revocation of expired apprehended violence orders – ordinary meaning of statute after 2016 amendments permitted applications to revoke apprehended violence orders to be made “at any time” – whether legal meaning of statute departed from literal meaning