Reznitsky v Director of Public Prosecutions (NSW) [2014] NSWCA 79

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reznitsky v Director of Public Prosecutions (NSW) [2014] NSWCA 79 Hearing dates: 4 March 2014 Decision date: 04 March 2014 Before: Meagher JA at [1] Emmett JA at [2] Tobias AJA at [5] Decision: (1) That the orders of his Honour Judge Hughes made on 11 November 2009 be quashed. (2) That the applicant's application to the District Court pursuant to s 22(1) of the Crimes (Appeal and Review) Act 2001 filed by the applicant on or about 3 July 2009 be remitted to the District Court to be determined according to law. (3) That the fifth respondent pay the applicant's costs of the proceedings to the extent recoverable. [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 - denial of procedural fairness - jurisdictional error

ADMINISTRATIVE LAW - prerogative writs and orders - certiorari Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes Act 1900 (NSW) Criminal Procedure Regulation 2005 (NSW) District Court Act 1973 (NSW) Road Transport (General) Act 2005 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Garde v Dowd [2011] NSWCA 115; (2011) 80 NSWLR 620 Kirk v Industrial Court of New South Wales [2010] HCA 1; (2009) 239 CLR 531 Re Refugee Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 Wang v Farkas [2014] NSWCA 29 Category: Principal judgment Parties: Boris Reznitksy (Applicant) Local Court of New South Wales (Fourth Respondent) Director of Public Prosecutions (NSW) (Fifth Respondent) District Court of New South Wales (Sixth Respondent) Representation: Counsel: Applicant (self represented) C Webster SC (Fifth Respondent) Solicitors: Office of the Director of Public Prosecutions (NSW) (Fifth Respondent) File Number(s): 2013/175616 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-11 00:00:00 Before: Hughes DCJ File Number(s): 2008/14539