Dacich v Director of Public Prosecutions (NSW); Kennedy v Director of Public Prosecutions (NSW) (No 2)

[2020] NSWCA 346

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary dismissal
3. › Frivolous and vexatious proceedings
4. › Abuse of process
5. › Repeat application for judicial review
6. › Reopening dismissed application
7. › Uniform Civil Procedure Rules 2005 (NSW), r 13.4
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of sentence pending application for special leave to appeal to High Court
4. › Whether exceptional circumstances established
5. › Supreme Court Act 1970 (NSW), ss 69, 69A, 69C
1. Practice and Procedure
2. › Bail
3. › Pending application for special leave to appeal to High Court
4. › No evidence application filed
5. › Whether special circumstances shown
1. Administrative Law
2. › Judicial review
3. › Supervisory jurisdiction
4. › Need to identify decisions and grounds
5. › Whether grounds disclose reasonable cause of action
6. › Supreme Court Act 1970 (NSW), s 69

Quick Take

This case is a routine application of UCPR r 13.4 to dismiss repeat judicial review applications that re-agitate previously determined matters, with no new doctrinal contribution.