BUSB v Director-General of Security

The applicant, BUSB, filed a summons in both the Court of Appeal and the Court of Criminal Appeal of New South Wales, seeking to challenge a decision of the Director-General of Security. The central dispute concerned which of these two appellate courts constituted the proper forum for BUSB's application, particularly in light of section 17 of the *Supreme Court Act 1970* (NSW). The matter was heard by a bench comprising Spigelman CJ, Allsop P, Hodgson JA, McClellan CJ at CL, and Johnson J.

The primary legal issue before the court was to determine whether the Court of Appeal or the Court of Criminal Appeal had jurisdiction to hear BUSB's summons. This required an interpretation of the relevant legislative provisions governing the jurisdiction of these courts, specifically section 17 of the *Supreme Court Act 1970*, and how it applied to the nature of the proceedings initiated by BUSB.

The court reasoned that the *Supreme Court Act 1970* established a unified Supreme Court with distinct divisions, including the Court of Appeal and the Court of Criminal Appeal. Section 17 of the Act, which deals with the jurisdiction of the Court of Appeal, was considered in conjunction with the specific appellate jurisdiction conferred upon the Court of Criminal Appeal. The court concluded that the nature of the application brought by BUSB fell within the exclusive appellate jurisdiction of the Court of Criminal Appeal, and therefore, the summons filed in the Court of Appeal was misconceived. Consequently, the summons was dismissed, and no order was made as to costs.