Rodden v Director of Public Prosecutions (NSW) [2023] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rodden v Director of Public Prosecutions (NSW) [2023] NSWCA 196 Hearing dates: 9 August 2023 Date of orders: 21 August 2023 Decision date: 21 August 2023 Before: Bell CJ; Leeming JA; Beech-Jones JA Decision: (1) Application by the Legal Aid Commission of New South Wales to be joined as an application or, in the alternative, to intervene, refused. (2) Amended Summons dismissed. (3) No order as to costs. Catchwords: COURTS AND JUDGES — Supreme Court — Supervisory jurisdiction — availability of judicial review — no issues of principle Legislation Cited: Costs in Criminal Cases Act 1967 (NSW) s 2 Criminal Appeal Act 1912 (NSW) s 5F Cases Cited: Rodden v R [2023] NSWCCA 202 Category: Principal judgment Parties: Simon Rodden (Applicant) Director of Public Prosecutions (NSW) (First Respondent) Supreme Court of New South Wales (Second Respondent) Representation: Counsel:

J Stratton SC with T O'Rourke (Applicant) D Kell SC with E Jones (First Respondent)

Solicitors:

O'Brien Criminal and Civil Solicitors (Applicant) Office of the Director of Public Prosecutions (NSW) (First Respondent) File Number(s): 2023/00109813 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2022] NSWSC 1230 Date of Decision: 16 September 2022 Before: Fagan J File Number(s): 2019/00181340