Turner v Director of Public Prosecutions (GD) [2013] NSWADTAP 27

Turner v Director of Public Prosecutions (GD) [2013] NSWADTAP 27

Leave to appeal out of time was refused because the application was significantly late without an adequate explanation for the delay, and no arguable point of law or utility in the appeal existed since the requested information was 'excluded information' connected to the prosecuting functions of the DPP and...

Source-derived case information.

Parties
Appellant: Donovan Turner; Respondent: Director of Public Prosecutions (NSW)
Jurisdiction
Australia
Judgment Date
20 May 2013
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal refused
Legal Topics
Application for Access to Government Documents, Excluded Information, Leave to Appeal Out of Time
Administrative Law Information Law Application for Access to Government Documents Excluded Information Leave to Appeal Out of Time

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Parties

Donovan Turner

Appellant

Director of Public Prosecutions (NSW)

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave to appeal out of time should be granted
  2. 2 Whether the refusal of access to documents was reviewable under GIPA

Ratio Decidendi

Leave to appeal out of time was refused because the application was significantly late without an adequate explanation for the delay, and no arguable point of law or utility in the appeal existed since the requested information was 'excluded information' connected to the prosecuting functions of the DPP and therefore not reviewable.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused