Manny v Australian Securities and Investments Commission [2017] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Manny v Australian Securities and Investments Commission [2017] NSWCA 44 Hearing dates: 9 March 2017 Decision date: 09 March 2017 Before: Beazley ACJ at [1], [24] and [26]; Basten JA at [2]; Ward JA at [25] Decision: Summons dismissed Catchwords: APPEAL AND REVIEW – judicial review – review of order in criminal jurisdiction of District Court under s 69 Supreme Court Act 1970 (NSW) – supervisory jurisdiction limited to review of jurisdictional error by s 176 District Court Act 1973 (NSW) – whether decision of District Court rejecting application for annulment of convictions in Local Court infected by procedural unfairness

CRIME – conviction in absence of defendant – application to annul – whether defendant hindered by illness from attending – delay – whether annulment in interests of justice Legislation Cited: Crimes Act 1914 (Cth), s 20 Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 8, 11A, 18, 52 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), s 69 Cases Cited: Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Wishart v Fraser (1941) 64 CLR 470 Category: Principal judgment Parties: Jeff Manny (Applicant) Australian Securities and Investment Commission (First Respondent) District Court of NSW (Second Respondent) Representation: Counsel: Applicant self-represented Ms K Lawrence (Solicitor) (First Respondent)