Li v Attorney General for New South Wales

The applicant, Li, sought judicial review of a decision made by Harrison J of the Supreme Court of New South Wales. The decision in question was Harrison J's refusal to direct an inquiry under Part 7 of the *Crimes (Appeal and Review) Act 2001* (NSW). This Part of the Act governs the process for directing inquiries into potential miscarriages of justice.

The central legal issues before the Court of Appeal were whether Harrison J had failed to consider the applicant's submissions, whether the judge had formed the necessary opinion required by the Act, and whether the reasons provided for the refusal were inadequate, thereby failing to ensure that justice was seen to be done. These issues arose from the applicant's contention that the judge's decision was substantially similar to the Crown's submissions, suggesting a lack of independent consideration.

Basten, White and Brereton JJA dismissed the application for judicial review. The Court found that Harrison J had properly considered the relevant material and formed the necessary opinion under the *Crimes (Appeal and Review) Act 2001* (NSW). The reasons provided by the judge were deemed sufficient, and the Court concluded that there was no basis to find that justice had not been seen to be done. Consequently, the application for judicial review was dismissed.