Truong v Director of Public Prosecutions (NSW)

The applicant, Mr Truong, sought judicial review of a decision by the District Court of New South Wales, which had dismissed his appeal against a conviction for assault occasioning actual bodily harm in the Local Court. The Director of Public Prosecutions (NSW) was the respondent. A central issue was whether the summons for judicial review was filed approximately four and a half years out of time.

The court was required to determine whether to grant an extension of time for the filing of the summons for judicial review, given the significant delay. In addition, the court considered the applicant's various complaints, including allegations of falsification of evidence, issues relating to an initial charge of grievous bodily harm, claims of malicious prosecution, and an assertion that he was refused leave to issue a subpoena. Ultimately, the court had to decide whether any jurisdictional error had been established.

The court refused to grant leave for an extension of time for the filing of the summons. In reaching this decision, the court applied principles relating to the exercise of discretion to extend time for judicial review, particularly where there has been a substantial delay. The court found that the applicant had not established jurisdictional error, and therefore, the grounds for judicial review were not made out.

Consequently, the summons for judicial review was dismissed, and the applicant was ordered to pay the costs of the proceedings.