Makarov v Attorney General of New South Wales

The applicant, Mr Makarov, sought judicial review of a decision made by a judge of the Supreme Court of New South Wales. The application was brought under section 78 of the *Crimes (Appeal and Review) Act 2001* (NSW) for an inquiry into the applicant's convictions. The applicant sought a declaration that the trial judge had erred in law by finding that no sense of unease or disquiet arose in respect of his convictions.

The central legal issue before the Court of Appeal was whether the trial judge had applied the correct legal test when considering the application under section 78 of the *Crimes (Appeal and Review) Act 2001* (NSW). Specifically, the court had to determine if the trial judge erred by not applying the appropriate standard or threshold for an application seeking an inquiry into convictions under that section.

The Court of Appeal found no error of law on the part of the trial judge. The court reasoned that the trial judge had correctly applied the relevant legal principles in assessing the application. Consequently, the application for judicial review was dismissed.