Singh v State of NSW; Singh v Lekhwar
Case
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[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.
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
Key Legal Topics
Areas of Law
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Administrative Law
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Civil Procedure
Legal Concepts
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Judicial Review
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Appeal
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Jurisdiction
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Standing
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Most Recent Citation
Dickson v Commonwealth; Dickson v Director of Public Prosecutions (Commonwealth) [2022] NSWSC 1122
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Cases Cited
4
Statutory Material Cited
1
Penson v Titan National Pty Ltd
[2015] NSWCA 404
McGinn v Cranbrook School
[2015] NSWCA 378
Fleet v Royal Society for the Prevention of Cruelty to Animals NSW
[2008] NSWCA 227