Bandara v Director of Public Prosecutions [2016] NSWCA 140

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bandara v Director of Public Prosecutions [2016] NSWCA 140 Hearing dates: 7 June 2016 Decision date: 21 June 2016 Before: Leeming JA at [1]; Simpson JA at [62]; Sackville AJA at [63] Decision: 1. Amend the proceedings such that Director of Public Prosecutions is the first respondent.

2. Dismiss the summons dated 8 December 2014 and amended summons dated 22 July 2015. Catchwords: ADMINISTRATIVE LAW – judicial review – Local Court makes interim and final apprehended personal violence orders – applicant convicted of breach of interim order – unsuccessful appeal to District from making of final order and from conviction – judicial review of District Court decision – decision unaffected by jurisdictional error – futility of challenge to making of interim order in light of the dismissal of the appeal against conviction – separate appeal to District Court from making of interim order – appeal dismissed summarily because interim order ceased to be in force – judicial review of District Court decision – jurisdictional error established, but no relief given, because appeal would inevitably have been dismissed Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 18, 22, 28; Pts 2, 3 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 22, 24, 32, 35, 36, 79, 84, 93; Pt 6 District Court Act 1973 (NSW), ss 127, 176 Supreme Court Act 1970 (NSW), ss 69, 75A Uniform Civil Procedure Rules 2005 (NSW), r 59.3 Cases Cited: Bandara v District Court of NSW [2016] NSWCA 14 Craig v South Australia (1995) 184 CLR 163 Director of Public Prosecutions (Cth) v Ede [2014] NSWCA 282 Dyason v Butterworth [2015] NSWCA 52 Garde v Dowd [2011] NSWCA 115; 80 NSWLR 620 Mulder v Director of Public Prosecutions (Cth) [2015] NSWCA 92 Muldoon v Church of England Children's Homes Burwood [2011] NSWCA 46; 80 NSWLR 282 Wishart v Fraser (1941) 64 CLR 470 Category: Principal judgment Parties: Mr Manula Bandara (Applicant) Director of Public Prosecutions (First Respondent) District Court of New South Wales (Second Respondent) Local Court of New South Wales (Third Respondent) Ms Ayesha Liyanapatirana (Sixth Respondent) Representation: Applicant in person F Veltro (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Third Respondent) D Bainbridge (Sixth Respondent) M J Heath, D Harris (Amicus Curiae) File Number(s): 2014/360661 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Date of Decision: 4 December 2014; 17 July 2015 Before: Colefax DCJ; Sides DCJ File Number(s): 2013/325505; 2013/344585