Klewer v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 69

Klewer v Director of Public Prosecutions (NSW) (No 2) [2020] NSWCA 69

Ms Klewer was not required to obtain leave under the vexatious proceedings order to appeal to the District Court against her conviction and sentence in the Local Court, as such appeal constitutes criminal proceedings exempted by s 8(9) of the Vexatious Proceedings Act. However, she did require leave to commence judicial review proceedings in the Court of Appeal, as such proceedings fell outside the criminal jurisdiction. The District Court judge erred by summarily dismissing her appeal for lack of leave. Extension of time for filing the judicial review was granted.

Parties
Applicant/appellant: Lucy Patricia Klewer; First Respondent: Director of Public Prosecutions (NSW); Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
20 April 2020
Procedural Posture
Judicial Review/appeal / Court of Appeal Decision
Outcome
Appeal allowed in part, District Court dismissal of appeal set aside, matter remitted for determination of appeal, leave granted for judicial review, extension of time granted, summons otherwise dismissed.
Legal Topics
Vexatious Proceedings Orders, Statutory Interpretation, Appeal Rights, Judicial Review
Administrative Law Criminal Law Civil Procedure Vexatious Proceedings Orders Statutory Interpretation Appeal Rights Judicial Review

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Parties

Lucy Patricia Klewer

Applicant/appellant

Director of Public Prosecutions (NSW)

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Judicial Review/appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether applicant required leave under the Vexatious Proceedings Act 2008 (NSW) to institute appeal to the District Court against convictions and sentences in the Local Court
  2. 2 Whether applicant required leave under the Vexatious Proceedings Act to commence judicial review proceedings in the Court of Appeal
  3. 3 Whether an extension of time should be granted

Ratio Decidendi

Ms Klewer was not required to obtain leave under the vexatious proceedings order to appeal to the District Court against her conviction and sentence in the Local Court, as such appeal constitutes criminal proceedings exempted by s 8(9) of the Vexatious Proceedings Act. However, she did require leave to commence judicial review proceedings in the Court of Appeal, as such proceedings fell outside the criminal jurisdiction. The District Court judge erred by summarily dismissing her appeal for lack of leave. Extension of time for filing the judicial review was granted.

Court Disposition

Appeal allowed in part, District Court dismissal of appeal set aside, matter remitted for determination of appeal, leave granted for judicial review, extension of time granted, summons otherwise dismissed.

Orders

  • Extend time for the filing of the summons commencing proceedings in this Court up to and including 2 July 2019.
  • Grant leave to Lucy Patricia Klewer pursuant to s 14(2) of the Vexatious Proceedings Act 2008 (NSW) to bring these proceedings.