Shmandiy v Police (No 2)

Case

[2024] SASCA 90

26 July 2024


Details
AGLC Case Decision Date
Shmandiy v Police (No 2) [2024] SASCA 90 [2024] SASCA 90 26 July 2024

CaseChat Overview and Summary

In *Shmandiy v Police (No 2)*, the applicant sought permission to appeal an order of the Supreme Court that dismissed her appeal for want of prosecution. The applicant also sought access to audio recordings of previous hearings before the Supreme Court. The matter was heard by Acting Livesey CJ and David J.

The central legal issues before the court were whether the applicant had demonstrated a point of law or principle of general importance justifying permission to appeal, and whether a clear injustice had occurred. The court was also required to consider the application for access to the audio recordings.

The court reasoned that the applicant had failed to identify any point of law or principle of general importance, nor had she demonstrated that a clear injustice had occurred. Consequently, there was no proper basis upon which permission to appeal could be granted. The court also found no utility in granting an extension of time.

The application to obtain the audio recordings was dismissed. The application for permission to appeal the order dismissing the appeal for want of prosecution was also dismissed. The applicant was ordered to pay the respondent's costs fixed at $750.
Details

Areas of Law

  • Criminal Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Costs

  • Procedural Fairness

  • Jurisdiction

  • Standing

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Cases Citing This Decision

4

Hanna v Flinders University [2025] SASCA 81
MCCONNELL v ALBANESE [2024] SASCA 131
Cases Cited

12

Statutory Material Cited

0

Sambastian v Police [2024] SASCA 79