Shmandiy v Police (No 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Criminal Law
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Civil Procedure
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Statutory Interpretation
Legal Concepts
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Appeal
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Costs
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Procedural Fairness
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Jurisdiction
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Standing
Actions
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Citations
Shmandiy v Police (No 2) [2024] SASCA 90
Most Recent Citation
Trezise v South Australian Civil and Administrative Tribunal [2024] SASCA 100
Cases Citing This Decision
4
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[2025] SASCA 95
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[2025] SASCA 81
MCCONNELL v ALBANESE
[2024] SASCA 131
Cases Cited
12
Statutory Material Cited
0
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[2024] SASCA 79
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