Woodhouse v Director of Public Prosecutions [2015] NSWCA 40

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Woodhouse v Director of Public Prosecutions [2015] NSWCA 40 Hearing dates: 2 March 2015 Date of orders: 02 March 2015 Decision date: 10 March 2015 Before: Basten JA, Macfarlan JA, Sackville AJA Decision: 1 Direct that the first respondent be the Director of Public Prosecutions (NSW). 2 Direct under Uniform Civil Procedure Rules 2005 (NSW) r 59.3(4) that the District Court of New South Wales be the second respondent. 3 Dismiss the proceedings commenced under s 69 of the Supreme Court Act 1970 (NSW) by way of summons in the Court. 4 Applicant to pay the Director of Public Prosecution's costs of the proceedings in the Court. Catchwords: ADMINISTRATIVE LAW – judicial review – appeal to District Court from Local Court conviction – application for leave to adduce fresh evidence pursuant to the Crimes (Appeal and Review) Act 2001 (NSW) – whether District Court erred in declining to make orders in relation to Magistrate's Bench notes and emails between the applicant and his former solicitor Legislation Cited: Crimes Act 1900 (NSW), s 117 Criminal Appeal Act 1912 (NSW), s 5B Crimes (Appeal and Review) Act 2001 (NSW), ss 3, 11, 18, 19, 28 Crimes (Sentencing Procedure) Act 1999 (NSW), s 9 District Court Act 1973 (NSW), s 176 Evidence Act 1995 (NSW), s 129 Justices Act 1902 (NSW), ss 132, 133 (Repealed) Justices Legislation Amendment (Appeals) Act 1998 (NSW) (Repealed) Local Court Act 2007 (NSW), s 7 Supreme Court Act 1970 (NSW), s 69