Recent Cases

Yenuga v Attorney General (NSW) [2023] NSWCA 227 (26 September 2023) (Ward P, Adamson JA and Griffiths AJA)


JUDICIAL REVIEW – judicial review of decision under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) – where primary judge dismissed applicant’s request for inquiry into his convictions

ADMINISTRATIVE LAW – Jurisdictional error – where applicant claimed primary judge’s dismissal of his application was unreasonable – where applicant claimed primary judge was biased and took into account irrelevant consideration – whether primary judge breached procedural fairness requirements – where applicant claimed primary judge based the dismissal on no evidence and failed to consider evidence – whether primary judge did not adhere to scope of statutory function

CONSTITUTIONAL LAW – Commonwealth Constitution – where applicant claimed ss 7(1)(c) and 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) are unconstitutional – Kable doctrine – whether provisions offend institutional integrity of NSW courts – whether provisions unconstitutional because they require the Court to create “new offences”