Rodden v Director of Public Prosecutions (NSW) [2023] NSWCA 196

Rodden v Director of Public Prosecutions (NSW) [2023] NSWCA 196

For reasons appearing from the Court's decision in the concurrent s 5F proceedings, Rodden v R [2023] NSWCCA 202, Mr Rodden's Amended Summons for judicial review had to be dismissed and there was no utility in joining the Legal Aid Commission of New South Wales or granting it leave to intervene.

Jurisdiction
Australia
Judgment Date
21 August 2023
Procedural Posture
Application for Judicial Review of a Decision to Refuse to Grant a Certificate Pursuant to S 2 of the Costs in Criminal Cases Act 1967 (nsw) / Court of Appeal; Application for Joinder or Intervention and Amended Summons
Outcome
Application by the Legal Aid Commission of New South Wales to be joined or to intervene refused; Amended Summons dismissed; no order as to costs.
Legal Topics
['supervisory Jurisdiction' 'availability of Judicial Review' 'certificate Under S 2 of the Costs in Criminal Cases Act 1967 (nsw)' 'joinder or Intervention']
['courts and Judges' 'judicial Review' 'criminal Procedure' 'costs in Criminal Cases'] ['supervisory Jurisdiction' 'availability of Judicial Review' 'certificate Under S 2 of the Costs in Criminal Cases Act 1967 (nsw)' 'joinder or Intervention']

Case Brief

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Procedural Posture

Application for Judicial Review of a Decision to Refuse to Grant a Certificate Pursuant to S 2 of the Costs in Criminal Cases Act 1967 (nsw) / Court of Appeal; Application for Joinder or Intervention and Amended Summons

Legal Issues

  1. 1 ['Whether the Amended Summons for judicial review should be dismissed.' 'Whether the Legal Aid Commission of New South Wales should be joined as an applicant or, in the alternative, granted leave to intervene.']

Ratio Decidendi

For reasons appearing from the Court's decision in the concurrent s 5F proceedings, Rodden v R [2023] NSWCCA 202, Mr Rodden's Amended Summons for judicial review had to be dismissed and there was no utility in joining the Legal Aid Commission of New South Wales or granting it leave to intervene.

Court Disposition

Application by the Legal Aid Commission of New South Wales to be joined or to intervene refused; Amended Summons dismissed; no order as to costs.

Orders

  • ['Application by the Legal Aid Commission of New South Wales to be joined as an applicant or, in the alternative, to intervene, refused.' 'Amended Summons dismissed.' 'No order as to costs.']