Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wass v Director of Public Prosecution (NSW); Wass v Constable Wilcock [2023] NSWCA 71 Hearing dates: 29 March 2023 Decision date: 20 April 2023 Before: Bell CJ at [1]; Leeming JA at [2]; Kirk JA at [64] Decision: In 2022/273744: 1. Amended summons filed 2 February 2023 dismissed. 2. No order as to costs, with the intention that the parties bear their own costs. In 2023/39132: 1. Refuse the extension of time for the filing of the appeal, with the result that the summons filed 2 February 2023 be dismissed. 2. No order as to costs, with the intention that the parties bear their own costs. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – application to revoke apprehended violence order after order had expired – Local Court dismissed application – District Court dismissed appeal – conceded jurisdictional error by District Court – whether relief should be withheld because District Court reached correct conclusion STATUTORY CONSTRUCTION – amending legislation introduced express provisions authorising revocation of expired apprehended violence orders in 2008 – statutory review recommended repeal of power to revoke expired apprehended violence orders – 2016 amendments repealed provisions authorising revocation of expired apprehended violence orders – ordinary meaning of statute after 2016 amendments permitted applications to revoke apprehended violence orders to be made "at any time" – whether legal meaning of statute departed from literal meaning Legislation Cited: Coroners Act 2009 (NSW), Ch 9A Crimes Act 1900 (NSW), s 61 Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 5, 6, 11, 14, 24, 32, 39, 40, 72, 72A, 72B, 72C, 72D, 73, 74, 75, 79, 84, 104, Pt 10 Div 5 Crimes (Domestic and Personal Violence) Amendment Act 2008 (NSW) Crimes (Domestic and Personal Violence) Amendment (Review) Act 2016 (NSW) Director of Public Prosecutions Act 1986 (NSW), s 10 Firearms Act 1996 (NSW), s 29 Interpretation Act 1987 (NSW), s 33 Cases Cited: C & J Clark Ltd v Inland Revenue Commissioners [1973] 1 WLR 905; [1973] 2 All ER 513 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2 Commonwealth v Baume (1905) 2 CLR 405; [1905] HCA 11 Deputy Commissioner of Taxation v Armstrong Scalisi Holdings Pty Ltd [2019] NSWSC 129; 343 FLR 374 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 157 CLR 309; [1985] HCA 48 Local Democracy Matters Incorporated v Infrastructure NSW (No 2) [2019] NSWCA 118 Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560; [2019] HCA 32 Newcrest Mining (WA) Ltd v Commonwealth (1997) 190 CLR 513; [1997] HCA 38 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 State of New South Wales v Kaiser (2022) 108 NSWLR 476; [2022] NSWCA 86 Sydney Seaplanes Pty Ltd v Page (2021) 106 NSWLR 1; [2021] NSWCA 204 Wishart v Fraser (1941) 64 CLR 470; [1941] HCA 8 Texts Cited: Lord Diplock, "The Courts as Legislators" in Brian W Harvey, The Lawyer and Justice (Sweet & Maxwell, 1978) New South Wales Legislative Council, Parliamentary Debates (Hansard), 4 December 2008 Statutory Review of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) Category: Principal judgment Parties: In 2022/273744: Robert Macdonald Wass (Plaintiff) Director of Public Prosecutions (First Defendant) District Court of New South Wales (Second Defendant) Local Court of New South Wales (Third Defendant)