The Common Law Duty Judge held that a single judge of the Common Law Division lacks jurisdiction to judicially review a District Court judge's refusal to state a case to the Court of Criminal Appeal under s 5B of the Criminal Appeal Act 1912 (NSW), as such applications are properly assigned to the Court of Appeal. The proceedings were removed to the Court of Appeal pursuant to s 51 of the Supreme Court Act 1970 (NSW), and the interlocutory notice of motion seeking a stay of enforcement action was declined for the same jurisdictional reasons. The Court noted that the Court of Appeal has exhibited some reluctance to permit judicial review to be used as a de facto appeal not otherwise provided by statute, but left that question for the Court of Appeal to determine.
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