Truong v Director of Public Prosecutions (NSW) [2023] NSWCA 64

Truong v Director of Public Prosecutions (NSW) [2023] NSWCA 64

The applicant failed to establish any jurisdictional error in the District Court's dismissal of his conviction appeal; the grounds for judicial review were unarguable, related largely to complaints about the underlying conviction or Local Court process, and did not address any relevant condition of the District Court's jurisdiction. The lengthy delay in bringing the review application, absence of explanation for the full period, and lack of utility or principle all militated against granting an extension of time. Even if time had been extended, the judicial review application would have been summarily dismissed.

Parties
Applicant: Bach Cong Truong; First Respondent: Director of Public Prosecutions (NSW); Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
12 April 2023
Procedural Posture
Judicial Review / Application for Extension of Time and Substantive Hearing
Outcome
Application for extension of time refused; summons dismissed with costs.
Legal Topics
Assault Occasioning Actual Bodily Harm, Jurisdictional Error, Extension of Time, Conviction Appeal, Procedural Fairness
Criminal Law Judicial Review Assault Occasioning Actual Bodily Harm Jurisdictional Error Extension of Time Conviction Appeal Procedural Fairness

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Parties

Bach Cong Truong

Applicant

Director of Public Prosecutions (NSW)

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Judicial Review / Application for Extension of Time and Substantive Hearing

Legal Issues

  1. 1 Whether an extension of time should be granted for filing a summons seeking judicial review of the District Court's decision
  2. 2 Whether the District Court's decision was affected by jurisdictional error

Ratio Decidendi

The applicant failed to establish any jurisdictional error in the District Court's dismissal of his conviction appeal; the grounds for judicial review were unarguable, related largely to complaints about the underlying conviction or Local Court process, and did not address any relevant condition of the District Court's jurisdiction. The lengthy delay in bringing the review application, absence of explanation for the full period, and lack of utility or principle all militated against granting an extension of time. Even if time had been extended, the judicial review application would have been summarily dismissed.

Court Disposition

Application for extension of time refused; summons dismissed with costs.

Orders

  • Refuse leave for the extension of time for the filing of the applicant's summons seeking judicial review.
  • Summons dismissed with costs.