Makarov v Attorney General of New South Wales [2016] NSWCA 35

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Makarov v Attorney General of New South Wales [2016] NSWCA 35 Hearing dates: 26 February 2016 Decision date: 08 March 2016 Before: McColl JA at [1], Meagher JA at [2], Simpson JA at [3] Decision: Application dismissed. Catchwords: ADMINISTRATIVE LAW – judicial review – application under s 78 Crimes (Appeal and Review) Act 2001 (NSW) for inquiry into applicant's convictions – Supreme Court Act 1970 (NSW), s 69 – declaration sought that trial judge made error of law in finding that no sense of unease or disquiet arises in respect of applicant's convictions – whether trial judge erred by not applying the appropriate test for an application under s 78 Crimes (Appeal and Review) Act 2001 (NSW) – no error of law found – application dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), Pt 7 Div 3, ss 78, 79 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Application of Peter James Holland under s 78 of the Crimes (Appeal and Review) Act 2001 [2008] NSWSC 251 Application of Victor Makarov pursuant to s 78 of the Crimes (Appeal and Review) Act 2001 (NSW) [2013] NSWSC 1468 R v Makarov (No 1) [2008] NSWCCA 291 R v Makarov (No 2) [2008] NSWCCA 292 R v Makarov (No 3) [2008] NSWCCA 293 Category: Principal judgment Parties: Victor Makarov (Applicant) Attorney General of New South Wales (First Respondent) Supreme Court of New South Wales (Second Respondent) Representation: Counsel: J Stratton SC/F Coyne (Applicant) N Adams SC/B Baker (First Respondent) Submitting appearance (Second Respondent)