WILLIAMS v Blackley

The applicant, Williams, sought leave to appeal against decisions of the District Court of New South Wales. The dispute concerned the respondent, Mr Blackley, who had been acquitted of criminal charges. The proceedings before the Court of Appeal involved an application for judicial review, which the court considered in the context of criminal proceedings.

The primary legal issue before the Court of Appeal was whether judicial review was available to quash an acquittal in criminal proceedings. A secondary issue concerned the costs of the proceedings, particularly in relation to a self-represented respondent.

The court determined that judicial review was not available to quash an acquittal in criminal proceedings, as this would undermine the finality of criminal judgments and the principles of double jeopardy. Applying the general rule that costs follow the event, the court ordered the applicant to pay the respondent's reasonable expenses incurred in responding to the application, including any loss of wages from attending the hearing. No order was made as to the costs of Mr Van Kooten.