New South Wales Crime Commission v Lee

The New South Wales Crime Commission appealed to the Court of Appeal of New South Wales against a decision of the primary judge. The respondent, Mr Lee, sought to challenge the correctness of the intermediate appellate court's decision.

The primary legal issue before the Court of Appeal was whether the respondent had complied with Practice Note SC CA 1, which requires a respondent proposing to challenge the correctness of an intermediate appellate court decision to notify the Registrar at the earliest opportunity. The Court also considered the question of costs thrown away by an adjournment.

The Court noted that the respondent had failed to notify the Registrar at the earliest opportunity as required by the Practice Note. Consequently, the application for leave to appeal was adjourned for a further hearing before a five-judge bench. The question of costs thrown away by this adjournment was reserved for that further hearing.