Firth v Director of Public Prosecutions

[2018] NSWCA 78

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Supervisory jurisdiction
4. › Jurisdictional error
5. › Distinction between jurisdictional error and error within jurisdiction
6. › Whether factual error regarding existence of disqualification order constituted jurisdictional error
7. › District Court Act 1973 (NSW), s 176
1. Administrative Law
2. › Judicial review
3. › Extension of time
4. › Whether time should be extended for judicial review proceedings commenced almost three years after decision
5. › Uniform Civil Procedure Rules 2005 (NSW), Pt 59, r 59.10
1. Criminal Law
2. › Driving offences
3. › Driving whilst disqualified
4. › Erroneous certificate of disqualification
5. › Whether conviction based on erroneous certificate valid until set aside
6. › Road Transport (General) Act 2005 (NSW), s 230
1. Judgments and Orders
2. › Validity of erroneous orders
3. › Whether erroneous judgment of inferior court effective until set aside
4. › Distinction between orders beyond power (nullities) and orders improperly made within power

Quick Take

A conviction for driving whilst disqualified based on an erroneous certificate of disqualification is an error within jurisdiction, not jurisdictional error, and the conviction remains effective until set aside — the legislation provides no basis for treating an extant disqualification as a jurisdictional fact.