Yenuga v Attorney General (NSW)

[2023] NSWCA 227

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Review of decision under Crimes (Appeal and Review) Act 2001 (NSW), Pt 7
4. › Jurisdictional error
5. › Unreasonableness
6. › Whether decision-maker's level of satisfaction under s 79(2) was unreasonable
7. › Crimes (Appeal and Review) Act 2001 (NSW), ss 78, 79
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Hearing rule
5. › Whether failure to identify that transcripts were available constituted breach of hearing rule
6. › Whether error was material
1. Administrative Law
2. › Judicial review
3. › Apprehended bias
4. › Whether erroneous statement about available material gave rise to apprehended bias
5. › Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
1. Administrative Law
2. › Judicial review
3. › Irrelevant considerations
4. › Whether erroneous factual statement about available material constituted taking into account irrelevant consideration
5. › Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24

Quick Take

Judicial review of Pt 7 CAR Act decisions requires establishment of materiality of any procedural error, and new arguments cannot be raised on review if they were not put to the primary decision-maker.