Huang v Nazaran [2021] NSWCA 243

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Nazaran [2021] NSWCA 243 Hearing dates: 6 August 2021 Date of orders: 8 October 2021 Decision date: 08 October 2021 Before: Basten JA at [1]; Macfarlan JA at [2]; Meagher JA at [3] Decision: (1) Set aside the orders made by the District Court on 15 March 2021, other than the dismissal of the respondent's application for costs. (2) Declare that the District Court has jurisdiction to determine the appeal pursuant to s 70(1)(b) of the Local Court Act 2007 (NSW). (3) Remit the matter to the District Court for the hearing and determination of the applicants' appeal. Catchwords: JUDGMENTS AND ORDERS – supervisory jurisdiction – judicial review – application proceeding in Local Court special jurisdiction dismissed – where appeal to District Court under Local Court Act 2007 (NSW), s 70(1) dismissed for lack of jurisdiction – whether jurisdictional error in dismissing appeal CIVIL PROCEDURE – jurisdiction – appeal to District Court under Local Court Act 2007 (NSW), s 70(1) from orders made in special jurisdiction – whether right of appeal from order dismissing proceeding Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 3 Crimes (Appeal and Review) Amendment Act 2009 (NSW) Crimes (Forensic Procedures) Act 2000 (NSW), ss 24, 115A Criminal Procedure Act 1986 (NSW), Ch 4 Pt 2 Justices Act 1902 (NSW), Pts 4A, 5, 5A and 5B Local Court Act 2007 (NSW), Pt 4 Local Courts Act 1982 (NSW), s 64 Protection of the Environment Operations Act 1997 (NSW), ss 264, 268, 269, 273, 290, 292 Suitors' Fund Act 1951 (NSW), s 6C Supreme Court Act 1970 (NSW), s 69 Cases Cited: Craig v South Australia (1995) 184 CLR 163; [1995] HCA 58 Folbigg v Attorney General of New South Wales [2021] NSWCA 44 Lewis v Sergeant Riley (2018) 96 NSWLR 274; [2017] NSWCA 272 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Parata [2021] FCAFC 46 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783; [2013] NSWCA 383 Texts Cited: New South Wales Government Attorney General's Department, Crimes (Appeal and Review) Act 2001 – Report on the Statutory Review of the Act, (August 2008) Explanatory Note to the Crimes (Appeal and Review) Amendment Bill 2009 (NSW) Category: Principal judgment Parties: Chenlong Huang (first applicant) Xuejing Li (second applicant) Fatemeh Nazaran (first respondent) District Court of New South Wales (second respondent) Representation: Counsel: G McGrath and K Tang (first and second applicant) C Alis (Adam Jones Solicitors) (first respondent)