GAR v Attorney General for the State of New South Wales (No. 3) [2020] NSWCA 179

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: GAR v Attorney General for the State of New South Wales (No. 3) [2020] NSWCA 179 Hearing dates: 19 February 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Before: Meagher JA at [1]; White JA at [2]; McCallum JA at [122] Decision: 1. Order that the summons be dismissed. 2. Order that the applicant pay the respondent's costs. Catchwords: ADMINISTRATIVE LAW — Jurisdictional error – Application for an inquiry into conviction – Whether primary judge who refused to consider or otherwise deal further the application in accordance with s 79(3)(a) of the Crimes (Appeal and Review) Act 2001 fell into jurisdictional error – Whether material presented on the application had been considered in previous applications for an inquiry – Nature of the discretion under s 79(3) Legislation Cited: Crimes (Appeal and Review) Act 2001, ss 78, 79 Criminal Appeal Act 1912 (NSW) Supreme Court Act 1970 (NSW), ss 75, 101 Cases Cited: Armand-Iskak v Attorney-General of New South Wales [2019] NSWCA 145 Buttrose v Attorney General (NSW) [2015] NSWCA 221; (2015) 324 ALR 562 Clark v Attorney General of New South Wales [2020] NSWCA 70 Duncan v Independent Commission Against Corruption [2016] NSWCA 143 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 GAR - Application for an inquiry into conviction pursuant to s 78 of Crimes (Appeal and Review) Act 2001 [2016] NSWSC 1205 GAR – Application for an inquiry into conviction pursuant to s 78 of Crimes (Appeal and Review) Act 2001 [2014] NSWSC 1734 GAR – Application for an inquiry into conviction pursuant to s 78 of Crimes (Appeal and Review) Act 2001 [2019] NSWSC 982 GAR v Attorney General New South Wales (No 2) [2017] NSWCA 314 GAR v Attorney General of New South Wales and Supreme Court of New South Wales [2017] NSWCA 47 GAR v R (No.1) [2010] NSWCCA 163 GAR v R [2003] NSWCCA 224 Li v Attorney-General for New South Wales [2019] NSWCA 95; (2019) 368 ALR 242 Minister for Immigration and Border Protection v Singh (2014) 231 FCR 437; [2014] FCAFC 1 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 Patsalis v Attorney General for New South Wales (2013) 85 NSWLR 463; [2013] NSWCA 343 R v Rendell (1987) 32 A Crim R 243 Sinkovich v Attorney General (NSW) (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney General (NSW) (1987) 8 NSWLR 30 Texts Cited: M Groves, 'The Return of the (Almost) Absolute Statutory Discretion' in Janina Boughey and Lisa Burton Crawford (eds), Interpreting Executive Power (Federation Press, 2020) 129 Category: Principal judgment Parties: GAR (Applicant) Attorney General for the State of New South Wales (Respondent) Representation: Counsel: In person (Applicant) J Davidson (Respondent)