Rodden v Director of Public Prosecutions (NSW)

The applicant, Rodden, sought judicial review of a decision made by the Director of Public Prosecutions (DPP) in New South Wales. The Supreme Court of New South Wales, comprising Bell CJ, Leeming and Beech-Jones JJA, considered the availability of judicial review in this matter.

The central legal issue before the Court was whether the applicant was entitled to judicial review of the DPP's decision. This involved determining whether the decision was amenable to such review, particularly in the absence of any identified issues of principle.

The Court reasoned that the DPP's decision was not amenable to judicial review. The Court applied the principle that judicial review is generally concerned with the legality of a decision-making process, not the merits of the decision itself. In this instance, no error of law or jurisdictional error was demonstrated, and the Court found no basis to interfere with the DPP's exercise of discretion.

Consequently, the Court refused the Legal Aid Commission of New South Wales' application to be joined or to intervene. The amended summons was dismissed, and no order was made as to costs.