Elias v The Director of Public Prosecutions (NSW) [2012] NSWCA 302

The question sought for case stated was one of fact, not law; obtaining a loan on commercial terms constitutes a financial advantage regardless of the security or disadvantage to lender; judicial review proceedings were inappropriate where error could have been dealt with under s 5B; application dismissed with costs.

Jurisdiction: Australia
Judgment Date: 20 September 2012
Procedural Posture: Judicial Review of Criminal Conviction Appeal / Court of Appeal Decision on Application to State a Question of Law and for Judicial Review
Outcome: Summons dismissed with costs.
Legal Topics: ['judicial Review' 'jurisdictional Error' 'financial Advantage' 'false Statement' 'case Stated Procedure']

['administrative Law' 'criminal Law'] ['judicial Review' 'jurisdictional Error' 'financial Advantage' 'false Statement' 'case Stated Procedure']

Case Brief

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Procedural Posture

Judicial Review of Criminal Conviction Appeal / Court of Appeal Decision on Application to State a Question of Law and for Judicial Review

Legal Issues

1 ['Whether proposed questions were questions of law under s 5B of Criminal Appeal Act 1912 (NSW)' 'Whether obtaining a loan secured by adequate security constituted a financial advantage under s 178BB, Crimes Act 1900 (NSW)' 'Whether judicial review and statutory appeal relief could be pursued simultaneously' 'Whether relief should be refused on discretionary grounds']

Ratio Decidendi

Court Disposition

Summons dismissed with costs.

Orders

['The application is dismissed.' 'The applicant must pay the costs of the respondent.']