Singh v State of NSW; Singh v Lekhwar [2021] NSWCA 260

Singh v State of NSW; Singh v Lekhwar [2021] NSWCA 260

The Court of Appeal was bound by Penson v Titan National Pty Ltd [2015] NSWCA 404, which holds that orders of judges of the Supreme Court are not amenable to review under s 69 of the Supreme Court Act. Because Mr Singh challenged orders of Beech-Jones J and Rothman J by summonses for judicial review rather than by appeal or applications for leave to appeal, and did not wish the summonses to be treated as leave applications, the summonses did not validly engage the Court's jurisdiction and had to be dismissed.

Jurisdiction
Australia
Judgment Date
18 October 2021
Procedural Posture
Summonses for Judicial Review of Supreme Court Orders / Show Cause Why the Summonses Should Not Be Dismissed as Incompetent
Outcome
In each of proceeding 2021/00282536 and 2021/00271771, the summons for judicial review filed by Mr Singh was dismissed.
Legal Topics
['judicial Review Under S 69 of the Supreme Court Act' 'court of Appeal Jurisdiction' 'review of Orders of Supreme Court Judges' 'leave to Appeal' 'want of Jurisdiction']
['administrative Law' 'civil Procedure' 'appellate Jurisdiction'] ['judicial Review Under S 69 of the Supreme Court Act' 'court of Appeal Jurisdiction' 'review of Orders of Supreme Court Judges' 'leave to Appeal' 'want of Jurisdiction']

Case Brief

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Procedural Posture

Summonses for Judicial Review of Supreme Court Orders / Show Cause Why the Summonses Should Not Be Dismissed as Incompetent

Legal Issues

  1. 1 ["Whether summonses seeking judicial review under s 69 of the Supreme Court Act validly invoked the Court of Appeal's jurisdiction to challenge orders made by judges of the Supreme Court in the Common Law Division." 'Whether the summonses should be dismissed as incompetent for want of jurisdiction rather than treated as applications for leave to appeal.']

Ratio Decidendi

The Court of Appeal was bound by Penson v Titan National Pty Ltd [2015] NSWCA 404, which holds that orders of judges of the Supreme Court are not amenable to review under s 69 of the Supreme Court Act. Because Mr Singh challenged orders of Beech-Jones J and Rothman J by summonses for judicial review rather than by appeal or applications for leave to appeal, and did not wish the summonses to be treated as leave applications, the summonses did not validly engage the Court's jurisdiction and had to be dismissed.

Court Disposition

In each of proceeding 2021/00282536 and 2021/00271771, the summons for judicial review filed by Mr Singh was dismissed.

Orders

  • ['In each of proceeding 2021/00282536 and 2021/00271771, summons for judicial review filed by Mr Singh dismissed.']