Clancy v Director of Public Prosecutions [2018] NSWCA 102

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Clancy v Director of Public Prosecutions [2018] NSWCA 102 Hearing dates: 14 May 2018 Date of orders: 14 May 2018 Decision date: 14 May 2018 Before: Basten JA at [1]; Macfarlan JA at [14]; Meagher JA at [16] Decision: 1. Refuse the application to extend the time for commencing the proceedings.

2. Dismiss the amended summons for judicial review.

3. Order the applicant to pay the Director's costs in this Court. Catchwords: CIVIL PROCEDURE – judicial review – extension of time to commence proceedings – 10 months out of time – whether proposed proceeding had reasonable prospects of success – whether adequate explanation for delay – Uniform Civil Procedure Rules 2005 (NSW), r 59.10

CRIMINAL PROCEDURE – appeal from Local Court to District Court – application to state case to Court of Criminal Appeal – application refused because no question of law – case to be stated within 28 days – application made 15 months after District Court judgment – no extension of time sought from Court of Criminal Appeal – whether application particularised question of law – Criminal Appeal Act 1912 (NSW), s 5B Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Criminal Appeal Act 1912 (NSW), s 5B Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Elias v Director of Public Prosecutions [2012] NSWCA 302; 222 A Crim R 286 Sasterawan v Morris (2007) 69 NSWLR 547; [2007] NSWCCA 185 Category: Principal judgment Parties: James Martin Clancy (Applicant) Director of Public Prosecutions (NSW) (First Respondent) District Court of New South Wales (Second Respondent) Representation: Counsel: Mr M R Davis (Applicant) Mr D Kell SC/Mr M Pulsford (First Respondent) Submitting appearance (Second Respondent)