Singh v Hicks and Nissan

Singh applied for leave to appeal to the Supreme Court of New South Wales against orders made by the District Court, which had dismissed his appeal against convictions and sentences imposed in the Local Court. The original convictions were for offences contrary to the *Inclosed Lands Protection Act 1901* (NSW). Singh had previously been refused leave to appeal to the Supreme Court from interlocutory orders made in the Local Court.

The primary legal issues before the Supreme Court were whether it should grant leave to appeal from the District Court's dismissal of his appeal, whether it should extend the time for filing the summons seeking leave to appeal, and whether there was any issue of principle or question of general importance justifying such an appeal.

Gleeson and Leeming JJA found that there was no utility in entertaining an appeal where the orders of the District Court, which confirmed the Local Court's decisions, remained unreversed. They noted the absence of any issue of principle or question of general importance that would warrant the Supreme Court's intervention. Consequently, the Court refused to extend the time for filing the summons seeking leave to appeal and dismissed the summons. The Court also ordered that "NSW Police" be removed as a respondent and substituted with Robert Hicks and John Nissan, and that the applicant pay the respondents' costs.