Hanna v Commonwealth Director of Public Prosecutions [2016] NSWSC 325

Supreme Court New South Wales

Medium Neutral Citation: Hanna v Commonwealth Director of Public Prosecutions [2016] NSWSC 325 Hearing dates: 16 March 2016 Decision date: 16 March 2016 Jurisdiction: Common Law Before: R A Hulme J Decision: Application refused. Summons dismissed. Applicant to pay the costs of the first defendant. Catchwords: ADMINISTRATIVE LAW – application for extension of time – judicial review – relief by way of certiorari sought – applicant convicted ex parte in Local Court in 2005 – Criminal Procedure Act 1986 (NSW) s 196 – applicant claimed to be unaware of convictions until approximately nine years later – delay in filing summons too great and not sufficiently explained – severe prejudice caused by passage of time – application refused Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) s 5 Criminal Procedure Act 1986 (NSW) s 196 Migration Act 1958 (Cth) Supreme Court Act 1970 (NSW) s 69 Uniform Civil Procedure Rules 2005 (NSW) r 59.10 Cases Cited: Australia Skydive Pty Limited v Wyong Shire Council [2014] NSWLEC 185 DPP (Cth) v Hanna & Anor [2005] NSWSC 761 Hanna v DIMIA [2004] NSWCA 275 Kuzet v the Registrar of the Workers Compensation Commission [2015] NSWSC 4 Category: Principal judgment Parties: Fayez Phillippe Hanna (Plaintiff) Commonwealth Director of Public Prosecutions (First defendant) Local Court of New South Wales (Second defendant) Representation: Counsel: Plaintiff in person Ms B Anniwell (First defendant)