Purcell v The Director of Public Prosecutions [2021] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Purcell v The Director of Public Prosecutions [2021] NSWCA 269 Hearing dates: 11 October 2021 Date of orders: 8 November 2021 Decision date: 08 November 2021 Before: Macfarlan JA at [1] Beech-Jones JA at [2] Simpson AJA at [28] Decision: (1) Pursuant to Uniform Civil Procedure Rule r 59.10(2), extend the time for the applicant to file the summons in this proceeding up to and including 11 June 2021; (2) Pursuant to s 69 of the Supreme Court Act 1970, the judgment and orders of the District Court in the matter of Isaac Fred Purcell v R (2017/256380) be set aside; (3) The District Court determine the application for leave to appeal by Isaac Fred Purcell in matter 2017/256380 according to law; and (4) There be no order as to costs. Catchwords: JUDICIAL REVIEW – District Court – conviction appeal from Local Court dismissed as outside three month time limit – erroneous as calculation should have excluded day of lodgement – whether error jurisdictional – whether necessary to show error was "material" – Held – relief granted Legislation Cited: Child Protection (Offenders Registration) Act 2000 Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Crimes Act 1900 Director of Public Prosecutions Act 1986 District Court Act 1973 Interpretation Act 1987 Landlord and Tenant (Amendment) Act 1932 Summary Offences Act 1988 Supreme Court Act 1970 Uniform Civil Procedure Rule 59.10 Cases Cited: CN17 v Minister for Immigration and Border Protection [2019] HCA 50; (2019) 94 ALJR 140 Craig v State of South Australia (1994) 184 CLR 163 Ex parte Toohey's Ltd; Re Butler & Ors (1934) SR 277 Forrest v Director of Public Prosecutions (NSW) (2020) 286 A Crim R 191; [2020] NSWCA 162 Herron v Attorney-General (1987) 8 NSWLR 601 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Kirk v Industrial Court of New South Wales (2009) 239 CLR 531; [2010] HCA 1 Lazarus v Independent Commission Against Corruption [2019] NSWCA 100 Minister for Immigration and Border Protection v SZMTA (2019) 264 CLR 421; [2019] HCA 3 MZAPC v Minister for Immigration and Border Protection & Anor [2021] HCA 17 Parisienne Basket Shoes Pty Ltd v Whyte (1937) 59 CLR 369 Voicu v The Owners-Strata Plan No 1624 [2020] NSWCA 52 Category: Principal judgment Parties: Isaac Purcell (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: N Broadbent (Applicant) E Balodis (First Respondent) Submitting Appearance (Second Respondent)