Klewer v Director of Public Prosecutions (NSW) (No 2)

In *Klewer v Director of Public Prosecutions (NSW) (No 2)*, the applicant, Ms Lucy Patricia Klewer, sought judicial review in the Court of Appeal of a decision by a District Court judge to dismiss her appeal against convictions and sentences imposed in the Local Court. Ms Klewer was subject to a vexatious proceedings order made under the *Vexatious Proceedings Act 2008* (NSW).

The central legal issues before the Court of Appeal were whether Ms Klewer required leave under the *Vexatious Proceedings Act* to institute her appeal to the District Court, and whether she required leave under the same Act to commence the judicial review proceedings in the Court of Appeal, particularly given that she did not require leave to commence the original proceedings in the court whose decision was being reviewed.

The Court of Appeal reasoned that the *Vexatious Proceedings Act* imposed a requirement for leave to be granted before a person subject to a vexatious proceedings order could institute proceedings. It held that the appeal to the District Court constituted "proceedings" within the meaning of the Act, and therefore leave was required. However, the Court found that the District Court judge had erred in dismissing the appeal without considering whether leave should be granted. The Court also determined that the judicial review proceedings in the Court of Appeal were distinct from the original appeal and that leave was required for those proceedings as well.

The Court of Appeal ordered an extension of time for the filing of the summons commencing the proceedings in the Court of Appeal, granted Ms Klewer leave under s 14(2) of the *Vexatious Proceedings Act* to bring those proceedings, and set aside the District Court judge's decision to dismiss her appeal. The matter was remitted to the District Court for determination of the appeal, with all other aspects of the summons being dismissed.