Ghaderi v Director of Public Prosecutions (NSW) [2018] NSWCA 119

Ghaderi v Director of Public Prosecutions (NSW) [2018] NSWCA 119

No jurisdictional error was established in the District Court's refusal to transfer the applicant's pending appeals from Parramatta to Sydney CBD; the primary judge properly reviewed the application and material once aware, and any errors prior to this did not amount to jurisdictional error. The court's supervisory jurisdiction was not enlivened and the summons must be dismissed.

Parties
Applicant: Mohsen Ghaderi; First Respondent: Director of Public Prosecutions (NSW); Second Respondent: District Court of New South Wales
Jurisdiction
Australia
Judgment Date
07 June 2018
Procedural Posture
Judicial Review / Summons to Review Interlocutory Order of District Court Refusing Transfer of Venue
Outcome
Summons dismissed
Legal Topics
Judicial Review, Jurisdictional Error, Transfer of Proceedings, Apprehended Domestic Violence Order, Appeals From Local Court, Interpreter Issues
Criminal Law Civil Procedure Judicial Review Jurisdictional Error Transfer of Proceedings Apprehended Domestic Violence Order Appeals From Local Court Interpreter Issues

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Parties

Mohsen Ghaderi

Applicant

Director of Public Prosecutions (NSW)

First Respondent

District Court of New South Wales

Second Respondent

Procedural Posture

Judicial Review / Summons to Review Interlocutory Order of District Court Refusing Transfer of Venue

Legal Issues

  1. 1 Whether jurisdictional error was established in refusing to transfer venue of appeal in District Court
  2. 2 Whether the District Court's interlocutory decision refusing transfer was reviewable by the Court of Appeal

Ratio Decidendi

No jurisdictional error was established in the District Court's refusal to transfer the applicant's pending appeals from Parramatta to Sydney CBD; the primary judge properly reviewed the application and material once aware, and any errors prior to this did not amount to jurisdictional error. The court's supervisory jurisdiction was not enlivened and the summons must be dismissed.

Court Disposition

Summons dismissed

Orders

  • Summons filed 5 February 2018 dismissed
  • No order as to costs