Liristis v Director of Public Prosecutions (NSW)

The applicant, Liristis, sought bail from the Court of Appeal of New South Wales, while judicial review proceedings concerning the same matter were pending before that court. The Director of Public Prosecutions (NSW) was the respondent.

The central legal issue before the Court of Appeal was whether it possessed the jurisdiction to hear and determine an application for bail in circumstances where judicial review proceedings were already before it, and specifically, whether those judicial review proceedings constituted 'proceedings on an appeal against conviction and sentence' for the purposes of section 5(1)(d) of the *Bail Act 1978* (NSW).

Justice Hulme determined that the Court of Appeal did have jurisdiction to hear the bail application under section 5(1)(d) of the *Bail Act 1978* (NSW), as the pending judicial review proceedings could be characterised as proceedings on an appeal against conviction and sentence. However, his Honour also expressed the view that it would be preferable for bail matters to be heard by the Common Law Division of the Supreme Court.

Consequently, the matter was referred to the Common Law Division of the Supreme Court for determination.