De Varda v Constable Stengord (NSW Police)

In the case of De Varda v Constable Stengord (NSW Police), the applicant sought prerogative relief against the respondent, a police officer, in relation to the applicant's unsuccessful prosecution. The matter was heard in the Supreme Court of New South Wales. The applicant contended that the police officer had made a jurisdictional error by asking the wrong question during an investigation, and that this error was apparent on the face of the record. Additionally, the applicant argued that the police officer had taken into account irrelevant considerations and that the investigation was unreasonable.

The court was required to determine whether the police officer had indeed committed a jurisdictional error by asking the wrong question during the investigation, and if so, whether this error was of a kind that rendered the investigation flawed. Furthermore, the court had to consider whether the error of law on the face of the record meant that the investigation was unreasonable, and if the police officer had taken into account irrelevant considerations. Lastly, the court needed to decide whether the applicant was entitled to an order for costs.

The court found that the police officer had indeed made a jurisdictional error by asking the wrong question during the investigation, but this error was not of a kind that rendered the investigation flawed. The court also found that the error of law on the face of the record did not make the investigation unreasonable, and that the police officer had not taken into account any irrelevant considerations. Consequently, the court held that the applicant was not entitled to prerogative relief. Additionally, the court dismissed the applicant's application for an order for costs.