Alves v State Insurance Regulatory Authority [2023] NSWCA 232

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Alves v State Insurance Regulatory Authority [2023] NSWCA 232 Hearing dates: 26 September 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Before: Ward P at [1] Gleeson JA at [2] Leeming JA at [31] Decision: (1) The summons filed 7 February 2023 be dismissed. (2) The applicant to pay the first respondent's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW — Judicial review — Jurisdictional error — Application for review of District Court decision dismissing appeal against sentence imposed by Local Court — Where applicant pleaded guilty to charge of dishonestly obtaining financial advantage by deception — Where applicant claimed he was criminalised for no reason — Where leave to appeal against conviction not sought — Whether District Court committed jurisdictional error in determining sentence appeal Legislation Cited: Crimes Act 1900 (NSW), s 192E Crimes (Appeal and Review) Act 2001 (NSW), ss 11, 12, 17, 20 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 4, 5, 7, 73, 73A District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), s 69 Uniform Civil Procedure Rules 2005 (NSW), rr 42.1, 59.4 Cases Cited: Blissett v Director of Public Prosecutions (NSW) [2021] NSWCA 253 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123; [2018] HCA 34 Lazarus v Independent Commission Against Corruption [2019] NSWCA 100; (2019) 367 ALR 274 Morgan v District Court of NSW (2017) 94 NSWLR 463; [2017] NSWCA 105 Roads and Traffic Authority of New South Wales v Higginson [2011] NSWCA 151 South Eastern Sydney Local Health District v Lazarus [2020] NSWCA 183 Category: Principal judgment Parties: Luis Manuel Farinha Alves (Applicant) State Insurance Regulatory Authority (First respondent) District Court of New South Wales (Second respondent) Representation: Counsel: Luis Alves (Applicant – self-represented) P J Gow (First respondent)