Makarov v Attorney General of New South Wales [2016] NSWCA 35

Makarov v Attorney General of New South Wales [2016] NSWCA 35

Bellew J correctly stated the relevant test and did not impose a legal precondition; the impugned reference to AY being "so lacking in credibility" reflected the way the applicant had put his case. The remaining complaints concerned the weight given to evidence or passing observations that were not dispositive and did not disclose error of law, so the judicial review application failed.

Jurisdiction
Australia
Judgment Date
08 March 2016
Procedural Posture
Judicial Review Application Under S 69 of the Supreme Court Act 1970 (nsw) Concerning Dismissal of an Application Under S 78 of the Crimes (appeal and Review) Act 2001 (nsw) / Application to the Court of Appeal; Decision Under Review Was Application of Victor Makarov Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) [2013] NSWSC 1468
Outcome
Application dismissed.
Legal Topics
['application for Inquiry Into Convictions' 'error of Law' 'section 78 Crimes (appeal and Review) Act 2001 (nsw)' 'section 69 Supreme Court Act 1970 (nsw)' 'unease or Sense of Disquiet Test']
['administrative Law' 'criminal Law' 'judicial Review'] ['application for Inquiry Into Convictions' 'error of Law' 'section 78 Crimes (appeal and Review) Act 2001 (nsw)' 'section 69 Supreme Court Act 1970 (nsw)' 'unease or Sense of Disquiet Test']

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Procedural Posture

Judicial Review Application Under S 69 of the Supreme Court Act 1970 (nsw) Concerning Dismissal of an Application Under S 78 of the Crimes (appeal and Review) Act 2001 (nsw) / Application to the Court of Appeal; Decision Under Review Was Application of Victor Makarov Pursuant to S 78 of the Crimes (appeal and Review) Act 2001 (nsw) [2013] NSWSC 1468

Legal Issues

  1. 1 ['Whether Bellew J erred in law by failing to apply the appropriate test for an application under s 78 of the Crimes (Appeal and Review) Act 2001 (NSW).' 'Whether Bellew J imposed a precondition that AY had to be so lacking in credibility before a sense of unease or disquiet could arise.' "Whether complaints about the weight attributed to inconsistencies in AY's evidence disclosed an error of law."]

Ratio Decidendi

Bellew J correctly stated the relevant test and did not impose a legal precondition; the impugned reference to AY being "so lacking in credibility" reflected the way the applicant had put his case. The remaining complaints concerned the weight given to evidence or passing observations that were not dispositive and did not disclose error of law, so the judicial review application failed.

Court Disposition

Application dismissed.

Orders

  • ['Application dismissed.']