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 [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] JUDGMENT THE COURT: 1. This application for judicial review of a decision to refuse to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) was heard concurrently with proceedings 2019/00181340 (the s 5F proceedings), being an application for leave to appeal pursuant to s 5F of the Criminal Appeal Act 1912 (NSW). 2. In both proceedings, the Legal Aid Commission of New South Wales (the Commission) sought to be joined as a second applicant or, in the alternative, sought leave to intervene. The application to be joined was not ultimately opposed. The Commission also sought to file a Further Amended Summons in these proceedings if joined as a party. 3. For reasons which appear sufficiently from our decision in the s 5F proceedings (Rodden v R [2023] NSWCCA 202), Mr Rodden's Amended Summons for judicial review must be dismissed and there would be no utility in joining the Commission to these proceedings or giving it leave to intervene. 4. Accordingly in these proceedings, the orders of the Court are: 1. Application by the Legal Aid Commission of New South Wales to be joined as an applicant or, in the alternative, to intervene, refused. 2. Amended Summons dismissed. 3. No order as to costs. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 21 August 2023