El-Saeidy v Director of Public Prosecutions
Case
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[2018] NSWCA 127
•14 June 2018
Details
AGLC
Case
Decision Date
El-Saeidy v Director of Public Prosecutions [2018] NSWCA 127
[2018] NSWCA 127
14 June 2018
CaseChat Overview and Summary
This matter concerned an application for judicial review brought by Mr El-Saeidy against the Director of Public Prosecutions. The applicant sought to challenge three convictions for offences contrary to s 14(1) of the *Crimes (Domestic and Personal Violence) Act 2007* (NSW). The proceedings were heard in the Court of Appeal of New South Wales.
The primary legal issue before the Court of Appeal was whether the primary judge had erred in refusing an application to adjourn the hearing of the judicial review proceedings. The applicant had advanced 31 grounds of appeal in support of his application.
The Court of Appeal found that there was no jurisdictional error on the part of the primary judge. The Court reasoned that the applicant had not demonstrated that the refusal of the adjournment constituted a failure to exercise jurisdiction or an improper exercise of jurisdiction. Consequently, the Court concluded that the grounds of appeal were without merit.
Mr El-Saeidy’s summons for judicial review was dismissed with costs.
The primary legal issue before the Court of Appeal was whether the primary judge had erred in refusing an application to adjourn the hearing of the judicial review proceedings. The applicant had advanced 31 grounds of appeal in support of his application.
The Court of Appeal found that there was no jurisdictional error on the part of the primary judge. The Court reasoned that the applicant had not demonstrated that the refusal of the adjournment constituted a failure to exercise jurisdiction or an improper exercise of jurisdiction. Consequently, the Court concluded that the grounds of appeal were without merit.
Mr El-Saeidy’s summons for judicial review was dismissed with costs.
Details
Key Legal Topics
Areas of Law
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Criminal 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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Appeal
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Costs
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Procedural Fairness
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Most Recent Citation
El-Saeidy v The Queen (No 2) [2021] NSWDC 548
Cases Cited
11
Statutory Material Cited
3
Dietrich v The Queen
[1992] HCA 57
Supreme Court of Western Australia
[2013] WASC 186
Supreme Court of Western Australia
[2013] WASC 186