Patsalis v Attorney General for New South Wales [2013] NSWCA 343

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Patsalis v Attorney General for New South Wales [2013] NSWCA 343 Hearing dates: 2 August 2013 Decision date: 16 October 2013 Before: Bathurst CJ at [1]; Beazley P at [7]; Basten JA at [8] Decision: (1) Dismiss the application for leave to appeal as incompetent. (2) Dismiss the summons to the extent that it seeks relief otherwise than by way of seeking leave to appeal. (3) Order the applicant to pay the costs of the respondent to the summons. [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 - relief - whether quashing order available unless rights directly affected or decision a step in a process with legal consequences - whether jurisdictional or legal error - whether order available against judge of Supreme Court

APPEAL - refusal to grant an inquiry under Crimes (Appeal and Review) Act 2001 (NSW), Part 7 - decision by judge of a superior court - whether exercise of judicial function - whether appeal available under Supreme Court Act 1970 (NSW), s 101

CRIMINAL LAW - appeal and review - unsuccessful appeal - application for inquiry - whether doubt or question as to guilt - whether refusal to direct an inquiry reviewable