Bindaree Beef Pty Ltd v Riley

Bindaree Beef Pty Ltd sought leave to appeal against a decision of a judge of the Supreme Court of New South Wales, who had refused to grant an inquiry under Part 7 of the *Crimes (Appeal and Review) Act 2001* (NSW). The application for leave to appeal was made under section 101 of the *Supreme Court Act 1970* (NSW).

The central legal issues before the Court of Appeal were whether the refusal to grant an inquiry under the *Crimes (Appeal and Review) Act 2001* (NSW) constituted a "judgment or order" within the meaning of section 101 of the *Supreme Court Act 1970* (NSW), and if so, whether an appeal lay from such a decision. Relatedly, the Court considered whether a quashing order was available in administrative law unless rights were directly affected or the decision was a step in a process with legal consequences, and whether the refusal to direct an inquiry was reviewable.

The Court of Appeal held that the refusal to grant an inquiry under the *Crimes (Appeal and Review) Act 2001* (NSW) was an exercise of a judicial function by a judge of the Supreme Court, but it did not constitute a "judgment or order" for the purposes of section 101 of the *Supreme Court Act 1970* (NSW). Consequently, the application for leave to appeal was deemed incompetent. The Court further determined that the relief sought by Bindaree Beef Pty Ltd, other than by way of seeking leave to appeal, was not available.

The Court of Appeal ordered that the application for leave to appeal be dismissed as incompetent. The summons was also dismissed to the extent that it sought relief otherwise than by way of seeking leave to appeal, and Bindaree Beef Pty Ltd was ordered to pay the costs of the respondent to the summons.