Holland v Attorney General of NSW [2022] NSWCA 17

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Holland v Attorney General of NSW [2022] NSWCA 17 Hearing dates: 6 October 2021 Decision date: 24 February 2022 Before: Meagher JA at [1]; Payne JA at [2]; McCallum JA at [3] Decision: 1. Dismiss the summons. 2. Applicant to pay the respondent's costs. Catchwords: CRIME — Appeal and review — Judicial review — Where Supreme Court refused to consider or otherwise deal with applicant's third application for inquiry into convictions under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) — Where decision-maker considered that the matters raised by the applicant had been dealt with in two prior unsuccessful applications — Whether decision was legally unreasonable — Whether medical evidence was considered — Whether new hypotheses had been "invented" by the judges who determined the previous applications Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Application of Peter James Holland under s 78 of the Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application of Peter James Holland under s 78 of the Crimes (Appeal and Review) Act 2001 [2017] NSWSC 462 Application of Peter James Holland under s 78 of the Crimes (Appeal and Review) Act 2001 [2021] NSWSC 384 Clark v Attorney General of New South Wales [2020] NSWCA 70 Minister for Immigration and Citizenship v Li (2013) 249 CLR 332; [2013] HCA 18 R v Holland [2002] NSWCCA 469 Sinkovich v Attorney General of New South Wales (2013) 85 NSWLR 783 Category: Principal judgment Parties: Peter Holland (Applicant) Attorney General (NSW) (Respondent) Representation: Counsel: Self-represented (Applicant) B Lim (Respondent)