Reznitsky v Director of Public Prosecutions [2015] NSWCA 338

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Reznitsky v Director of Public Prosecutions [2015] NSWCA 338 Hearing dates: 27 October 2015 Decision date: 27 October 2015 Before: Basten JA at [1]; Tobias AJA at [32]; Adamson J at [33] Decision: (1) Summons dismissed.

(2) No order as to costs of the summons. Catchwords: JUDICIAL REVIEW – application to set aside judgment in District Court – applicant failed to appear on appeal from Local Court – appeal dismissed – application to set aside order dismissing appeal – applicant failed to attend on second day of hearing and failed to proffer evidence in support of application – review sought of order dismissing application to reinstate appeal – whether jurisdictional error – whether reasonable apprehension of bias – whether procedural unfairness – whether failure to give reasons Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), s 22 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523; [2009] NSWCA 102 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323; [2001] HCA 30 Reznitsky v Director of Public Prosecutions (NSW) [2014] NSWCA 79 Sasterawan v Morris (2007) NSWLR 547; [2007] NSWCA 185 Category: Principal judgment Parties: Boris Reznitsky (Applicant) District Court of NSW (First Respondent) Director of Public Prosecutions (NSW) (Second Respondent) Representation: Counsel: Applicant in person Submitting appearance (First Respondent) Ms M England/Ms A Rose (Second Respondent)