Manny v Australian Securities and Investments Commission

The applicant, Manny, sought judicial review of an order made by the District Court of New South Wales, which had rejected an application to annul convictions entered in the Local Court. The Australian Securities and Investments Commission (ASIC) was the respondent. The appeal was heard by Beazley ACJ, Basten and Ward JJA of the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the District Court's decision to reject the annulment application was infected by jurisdictional error, and whether the District Court had erred in its assessment of the applicant's claim that he was hindered by illness from attending the Local Court proceedings, thereby impacting the interests of justice regarding the annulment.

The Court of Appeal considered the supervisory jurisdiction of the Supreme Court, as preserved by section 69 of the *Supreme Court Act 1970* (NSW), and the limitations imposed by section 176 of the *District Court Act 1973* (NSW) on reviewing decisions in the criminal jurisdiction of the District Court, which is confined to jurisdictional error. The Court examined the evidence relating to the applicant's alleged illness and the reasons for his absence from the Local Court. It was held that the District Court's rejection of the annulment application was not infected by jurisdictional error, and that the District Court had properly considered the relevant factors, including the applicant's alleged illness and the delay in making the application, in determining whether annulment was in the interests of justice.

Consequently, the summons for judicial review was dismissed.