Armand-Iskak v Attorney-General of New South Wales
Case
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[2019] NSWCA 145
•19 June 2019
Details
AGLC
Case
Decision Date
Armand-Iskak v Attorney-General of New South Wales [2019] NSWCA 145
[2019] NSWCA 145
19 June 2019
CaseChat Overview and Summary
The applicant, Armand-Iskak, sought judicial review of a decision by the Attorney-General of New South Wales to dismiss his application for an inquiry into his conviction or sentence under section 78 of the *Crimes (Appeal and Review) Act 2001* (NSW). The matter came before the Court of Appeal of New South Wales, constituted by Basten, Macfarlan and White JJA.
The primary legal issue before the Court was whether the Attorney-General's decision involved a jurisdictional error or any other error of law. This required the Court to consider whether the applicant had raised any matter that had not already been fully considered in previous proceedings or applications.
The Court found that the applicant had not established any jurisdictional error or error of law on the part of the Attorney-General. The Court was satisfied that the matters raised by the applicant had been thoroughly considered, and therefore, the decision to dismiss the application for an inquiry was not amenable to judicial review on the grounds alleged. Consequently, the summons for judicial review was dismissed.
The primary legal issue before the Court was whether the Attorney-General's decision involved a jurisdictional error or any other error of law. This required the Court to consider whether the applicant had raised any matter that had not already been fully considered in previous proceedings or applications.
The Court found that the applicant had not established any jurisdictional error or error of law on the part of the Attorney-General. The Court was satisfied that the matters raised by the applicant had been thoroughly considered, and therefore, the decision to dismiss the application for an inquiry was not amenable to judicial review on the grounds alleged. Consequently, the summons for judicial review was dismissed.
Details
Key Legal Topics
Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Judicial Review
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Jurisdiction
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Standing
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Procedural Fairness
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Most Recent Citation
GB v EB [2022] NSWDC 322
Cases Citing This Decision
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[2020] NSWCA 179
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[2020] NSWCA 70
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[2019] NSWCA 242
Cases Cited
11
Statutory Material Cited
4
Armand-Iskak v The Queen
[2014] NSWCCA 325
Buttrose v Attorney General of New South Wales
[2015] NSWCA 221