Zaksaw Pty Ltd v Gudu

Zaksaw Pty Ltd, the applicant, sought judicial review of a decision of the District Court of New South Wales, which had dismissed its appeal against a conviction in the Local Court. The dispute concerned the interpretation of an offence provision under the *Crimes Act 1900* (NSW).

The primary legal issue before the Court of Appeal was whether the District Court judge had committed a jurisdictional error in construing the relevant offence provision. The applicant contended that the District Court's interpretation was erroneous and that this error amounted to a jurisdictional error, thereby attracting the supervisory jurisdiction of the Supreme Court.

The Court of Appeal held that an error in construing an offence provision, even if significant, does not automatically constitute a jurisdictional error. Applying the principles established in cases such as *Project Blue Sky Inc v Australian Broadcasting Authority*, the Court determined that the District Court judge had not acted outside their jurisdiction. The error, if any, was an error of law within jurisdiction, and the question of construction was a "core" issue in the prosecution, meaning the District Court had the power to err in its determination of that issue. The Court emphasised that judicial review under section 176 of the *District Court Act 1973* (NSW) is limited to jurisdictional error, and it is inappropriate to use this supervisory jurisdiction to determine questions of statutory construction that do not involve a jurisdictional error.

Consequently, the summons filed by Zaksaw Pty Ltd on 24 September 2024 was dismissed with costs.