Huynh v Attorney General (NSW) (No 2)

The applicant, Huynh, sought judicial review of the decision to refuse his application for a post-conviction inquiry under Part 7 of the *Crimes (Appeal and Review) Act 2001* (NSW). Huynh had previously been convicted of conspiring to import a commercial quantity of a border controlled precursor drug. The respondents were the Attorney-General (NSW) and the Attorney-General (Cth). The matter was heard by Bell CJ, Kirk JA, and Simpson AJA.

The central legal issue before the court was whether the decision to refuse the application for a post-conviction inquiry constituted an error of law or an error of jurisdiction. This required the court to consider the scope and application of Part 7 of the *Crimes (Appeal and Review) Act 2001* (NSW) and the criteria for granting such an inquiry.

The court dismissed the applicant's amended summons. The reasoning involved an analysis of the statutory provisions governing post-conviction inquiries and the applicant's failure to demonstrate the necessary grounds for the court to intervene. The applicant was ordered to pay the costs of the Attorney-General (Cth), while no order was made as to the costs of the Attorney-General (NSW).