Clark v Attorney General of New South Wales [2023] NSWCA 208

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clark v Attorney General of New South Wales [2023] NSWCA 208 Hearing dates: 22 August 2023 Date of orders: 6 September 2023 Decision date: 06 September 2023 Before: Gleeson JA; White JA; Basten AJA Decision: (1) Grant the applicant leave to file the further amended summons for judicial review dated 21 August 2023. (2) Dismiss the further amended summons. (3) Order that the applicant pay the Attorney General's costs in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – crime – application to set aside decision of judge to refuse to consider or otherwise deal with an application for an inquiry into a conviction – whether error of law on the face of the record or jurisdictional error ADMINISTRATIVE LAW – judicial review – boundary of legal unreasonableness – whether little weight accorded to a factor of great importance – need for caution to avoid review of merits CRIMINAL PROCEDURE – functions of judge considering an application for an inquiry into a conviction under Pt 7 of Crimes (Appeal and Review) Act 2001 (NSW) – functions non-judicial – where previous unsuccessful applications – refusal to consider or further deal with fresh application – no function to review correctness of earlier decisions Legislation Cited: Crimes Act 1900 (NSW), s 66C Crimes (Appeal and Review) Act 2001 (NSW), Pt 7, ss 78, 79 Supreme Court Act 1970 (NSW), s 69 Criminal Appeal Rules (NSW), r 50C (repealed) Cases Cited: Director of Public Prosecutions v Moseley [2013] NTSC 8 House v The King (1936) 55 CLR 499; [1936] HCA 40 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Category: Principal judgment Parties: Peter Frederick Clark (Applicant in person) Attorney General of New South Wales (First Respondent) Supreme Court of New South Wales (Second Respondent) Representation: Counsel: I Fraser (First Respondent)