Lodhi v Attorney General of New South Wales [2013] NSWCA 433

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lodhi v Attorney General of New South Wales [2013] NSWCA 433 Hearing dates: 5 August 2013 Decision date: 18 December 2013 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [3] Decision: (1) Dismiss the summons seeking leave to appeal from the decision of McClellan CJ at CL as incompetent. (2) Dismiss the summons seeking review pursuant to s 69 of the Supreme Court Act 1970 of the decision of McClellan CJ at CL. (3) In the exercise of its power under s 73A of the Jury Act 1977, and such other jurisdiction as may be available in the administration of criminal justice, the Court requests the Sheriff to investigate whether a member of the jury which convicted the applicant of charges under the Criminal Code (Cth) in June 2006 may have been ineligible to serve as a juror pursuant to Sch 2, item 12 of the Jury Act 1977. [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 - whether juror in criminal trial ineligible - application to Sheriff to investigate - refusal by Supreme Court to consent to investigation - whether exercise of judicial or administrative function - whether ancillary to the exercise of judicial power - whether judge required to give reasons