Elias v The Director of Public Prosecutions (NSW) [2012] NSWCA 302

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Elias v The Director of Public Prosecutions (NSW) [2012] NSWCA 302 Hearing dates: 10 September 2012 Decision date: 20 September 2012 Before: Beazley JA at [1]; Basten JA at [2]; Blanch J at [22] Decision: Summons dismissed with costs. [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.] Catchwords: ADMINISTRATIVE LAW - judicial review - jurisdictional error - review of dismissal of appeal against conviction for making false statement to obtain financial advantage - applicant sought to simultaneously submit question of law to Court of Criminal Appeal - whether concept of jurisdictional error wider than error of law - whether alternative relief available - whether relief should be refused on discretionary grounds - Crimes Act 1900 (NSW), s 178BB; Criminal Appeal Act 1912 (NSW), s 5B; Supreme Court Act 1970 (NSW), s 69; District Court Act 1973 (NSW), s 176

ADMINISTRATIVE LAW - judicial review - jurisdictional error - review of refusal of primary judge to submit question of law to Court of Criminal Appeal - whether question formulated was question of law - whether jurisdictional error - Criminal Appeal Act 1912 (NSW), s 5B; Supreme Court Act 1970 (NSW), s 69; District Court Act 1973 (NSW), s 176