Petroulias v The Hon Justice McClellan [2013] NSWCA 434

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Petroulias v The Hon Justice McClellan [2013] NSWCA 434 Hearing dates: 2 August 2013 Decision date: 18 December 2013 Before: Bathurst CJ at [1]; Beazley P at [2]; Basten JA at [6] Decision: (1) Dismiss the summons in the Court of Appeal. (2) To the extent that there was an application for reconsideration to the Court of Criminal Appeal, dismiss the application. [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 - alleged improper conduct by jurors - application to Sheriff to investigate - refusal by Supreme Court to approve request for investigation - whether judicial or administrative function - whether judge required to give reasons

CONSTITUTIONAL LAW - conviction for federal offence - alleged misconduct of jurors - whether Sheriff can investigate under State law - whether power within scope of jurisdiction conferred by Constitution, s 80 - whether provisions of Jury Act 1977 (NSW) inconsistent with federal law

CRIMINAL LAW - federal offence - control of jurors - post-trial request to NSW Sheriff to investigate improper conduct of jurors - undetermined appeal extant - whether approval/refusal of investigation ancillary to exercise of judicial function - whether exercise of appellate federal jurisdiction