Stefanovski v County Court of Victoria & Anor

Stefanovski has brought a judicial review proceeding against the County Court of Victoria and another respondent, challenging decisions made during an appeal process. The primary issues at hand were allegations of bias against the County Court judge, failure to call witnesses, and wrongful refreshing of a witness's memory. The court was required to determine whether the judge's conduct amounted to bias, whether the failure to call witnesses constituted a miscarriage of justice, and if the remedy of judicial review was available in such circumstances.

The court meticulously reviewed the principles applicable to judicial review in the context of criminal convictions and appeals. It found that the judge's conduct did not establish bias, as the actions did not demonstrate a real likelihood of bias. Furthermore, the court held that the decision not to call certain witnesses did not amount to an error or a miscarriage of justice, as the evidence presented was sufficient for the appeal to proceed. The court also examined whether judicial review was an appropriate remedy, concluding that it was not available in this case to address the claimed miscarriage of justice.

Ultimately, the court dismissed the application for judicial review, finding no grounds for interference with the County Court's decisions. The decision highlights the stringent criteria that must be met for judicial review to be successful in cases involving alleged bias or errors in the appeal process. The court's reasoning underscores the importance of demonstrating actual bias or a miscarriage of justice for judicial review to be granted in such contexts.