Singh v State of NSW; Singh v Lekhwar

Case

[2021] NSWCA 260

18 October 2021


Details
AGLC Case Decision Date
Singh v State of NSW; Singh v Lekhwar [2021] NSWCA 260 [2021] NSWCA 260 18 October 2021

CaseChat Overview and Summary

In *Singh v State of NSW; Singh v Lekhwar*, Mr Singh sought judicial review of orders made by the Supreme Court. The proceedings were heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether judicial review of Supreme Court orders lay to the Court of Appeal itself.

The Court of Appeal applied the principles established in *Penson v Titan National Pty Ltd* [2015] NSWCA 404. This precedent held that the Court of Appeal does not have jurisdiction to entertain an application for judicial review of a decision of the Supreme Court. The Court reasoned that such a review would effectively involve the Court of Appeal sitting in judgment over its own creation, the Supreme Court, which is not the intended function of the appellate jurisdiction in this context.

Consequently, the summonses for judicial review filed by Mr Singh in both proceedings were dismissed.
Details

Areas of Law

  • Administrative Law

  • Civil Procedure

Legal Concepts

  • Judicial Review

  • Appeal

  • Jurisdiction

  • Standing

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Cases Citing This Decision

4

Cases Cited

4

Statutory Material Cited

1

McGinn v Cranbrook School [2015] NSWCA 378