Application by Lucy Patricia Klewer pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)1 [2021] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: Application by Lucy Patricia Klewer pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW)1 [2021] NSWSC 1225 Hearing dates: On the papers. Date of orders: 29 September 2021 Decision date: 29 September 2021 Jurisdiction: Common Law Before: N Adams J Decision: The application is refused. Catchwords: Application under s 78(1) of the Crimes (Appeal and Review) Act 2001 (NSW) for an inquiry into the applicant's conviction – where applicant is a vexatious litigant – whether an application under s 78 is a "proceeding" under s 4 of the Vexatious Proceedings Act 2008 (NSW) – whether a "criminal proceeding" – whether leave required – held, application under s 78 not a "proceeding" – leave not required – no doubt or question raised as to the applicant's guilt – applicant refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 3(1) Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 78, 79 Crimes (Personal and Domestic Violence) Act 2007 (NSW), s 13(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 8 Crimes Act 1900 (NSW), s 61 Felons (Civil Proceedings) Act 1981 (NSW) Industrial Relations Act 1996 (NSW), s 179 Supreme Court Act 1970 (NSW), ss 69, 84, Third Schedule Supreme Court Rules 1970 (NSW), Part 55 Vexatious Proceedings Act 2008 (NSW), ss 4, 8, 14, Sch 1 cl 3(2) Cases Cited: Application of Peter James Holland under s.78 Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Attorney General in and for the State of New South Wales v Potier (No 2) [2015] NSWSC 238 Camilleri's Stock Feeds Pty Ltd v Environment Protection Authority (1993) 32 NSWLR 683 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318; [2003] HCA 28 Kirk Group Holdings Pty Ltd & Anor v Workcover Authority of New South Wales & Anor (2006) 66 NSWLR 151; [2006] NSWCA 172 Klewer v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 69 Kostov v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 94 Parker v Comptroller-General of Customs [2007] NSWCA 348 Patsalis v State of New South Wales [2012] NSWCA 307 Potier v Attorney General in and for the State of New South Wales [2015] NSWCA 129 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Varley v Attorney-General in and for the State of New South Wales (1987) 8 NSWLR 30 Category: Principal judgment Parties: Lucy Patricia Klewer (Applicant) Attorney General for New South Wales (Submissions in reply) Representation: Counsel: Self-represented (Applicant) D Birch (Attorney General)