Clark v Attorney General of New South Wales

[2020] NSWCA 70

NSW Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Review of non-judicial decision of Supreme Court judge
5. › Application under Part 7 Crimes (Appeal and Review) Act 2001 (NSW)
6. › Refusal to consider or otherwise deal with application under s 79(3)
7. › Whether decision vitiated by jurisdictional error
8. › Whether decision unreasonable in legal sense
9. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79
1. Administrative Law
2. › Unreasonableness
3. › Legal unreasonableness as ground of jurisdictional error
4. › Decision-maker's satisfaction as to factual matters
5. › Whether conclusion so unreasonable as to amount to jurisdictional error
6. › Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 applied
1. Criminal Law
2. › Post-conviction review
3. › Application for inquiry into conviction or sentence
4. › Crimes (Appeal and Review) Act 2001 (NSW), Part 7
5. › Power to refuse to consider application under s 79(3)
6. › Whether matter fully dealt with in prior proceedings
7. › Whether special facts or special circumstances
8. › Scope of discretion
9. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79

Quick Take

Practitioners seeking judicial review of Part 7 refusal decisions must identify jurisdictional error, not merely factual or legal disagreement with the judge's conclusions; the Li unreasonableness standard governs.