Manny v Australian Securities and Investments Commission [2017] NSWCA 44

Manny v Australian Securities and Investments Commission [2017] NSWCA 44

There was no jurisdictional error or denial of procedural fairness in the District Court’s refusal to annul the applicant’s convictions; the applicant received a fair hearing and had an opportunity to present relevant evidence and arguments. The summons for judicial review is therefore dismissed.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Summons for Judicial Review / Court of Appeal Decision on Supervisory Jurisdiction Over District Court Order
Outcome
Summons dismissed
Legal Topics
['judicial Review of Criminal Convictions' 'supervisory Jurisdiction—jurisdictional Error' 'procedural Fairness—annulment of Conviction' 'annulment in Absence of Defendant—illness Hindrance' 'appeals From Local to District Court']
['appeal and Review' 'crime'] ['judicial Review of Criminal Convictions' 'supervisory Jurisdiction—jurisdictional Error' 'procedural Fairness—annulment of Conviction' 'annulment in Absence of Defendant—illness Hindrance' 'appeals From Local to District Court']

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Procedural Posture

Summons for Judicial Review / Court of Appeal Decision on Supervisory Jurisdiction Over District Court Order

Legal Issues

  1. 1 ['Whether District Court committed jurisdictional error in dismissing appeal from Local Court’s refusal to annul conviction' 'Whether applicant was denied procedural fairness in lower courts' 'Whether applicant was prevented by illness from attending Local Court hearing' 'Whether interests of justice required annulment of conviction']

Ratio Decidendi

There was no jurisdictional error or denial of procedural fairness in the District Court’s refusal to annul the applicant’s convictions; the applicant received a fair hearing and had an opportunity to present relevant evidence and arguments. The summons for judicial review is therefore dismissed.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed']