Khatib v Director of Public Prosecutions (NSW) & Ors [2023] NSWCA 324

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khatib v Director of Public Prosecutions (NSW) & Ors [2023] NSWCA 324 Hearing dates: 6 March 2023 Decision date: 20 December 2023 Before: White JA at [1]; Simpson AJA at [101]; Griffiths AJA at [102] Decision: The amended summons for judicial review of the orders of the District Court of 20 September 2022 is dismissed with costs. Catchwords: ADMINISTRATIVE LAW – Supervisory jurisdiction – Judicial review – Judicial review of confirmation in District Court of conviction entered in Local Court – Where applicant advances numerous grounds of review asserting jurisdictional error in conduct of trial and appeal to District Court – Where applicant asserts primary judge's comments gave rise to apprehension of bias – Where applicant asserts denials of procedural fairness arising from inability personally to address Court and judge's possession of extraneous information – Where applicant asserts constructive failures to exercise jurisdiction by failure to respond to substantial and clearly articulated arguments – Where applicant asserts mistaken denial of appellate jurisdiction in conduct of appeal – Where applicant asserts finding of fact made in absence of any evidence – Where applicant asserts diverse errors of law in conduct of appeal – Where applicant asserts legally unreasonable or irrational finding of fact made – Where none of applicant's grounds has merit – No issue of principle – Application for judicial review dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 61HB(2), 61KC Crimes (Appeal and Review) Act 2001 (NSW), s 18 Criminal Procedure Act 1986 (NSW), ss 133(2), 293A District Court Act 1973 (NSW), s 176 Evidence Act 1995 (NSW), ss 66, 106(a) and (e) Cases Cited: Charara v The Queen [2006] NSWCCA 244; (2006) 164 A Crim R 39 Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135; [2000] HCA 5 Day v SAS Trustee Corporation [2021] NSWCA 71 Gelle v Director of Public Prosecutions (NSW) [2017] NSWCA 245; (2017) 269 A Crim R 268 Malouf v Malouf (2006) 65 NSWLR 449; [2006] NSWCA 83 McNab v Director of Public Prosecutions (NSW) (2021) 106 NSWLR 430; [2021] NSWCA 298 NRMA Insurance Ltd v Ainsworth [2011] NSWCA 292; (2011) 59 MVR 195 Patel v The Queen (2012) 247 CLR 531; [2012] HCA 29 Category: Procedural rulings Parties: Basil Esam Khatib (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Local Court of New South Wales (Third Respondent) Representation: Counsel: Applicant self-represented C O Gleeson (First Respondent) Submitting appearance (Second and Third Respondents)