Rodden v Director of Public Prosecutions (NSW)

THE COURT:

1. [1]

   This application for judicial review of a decision to refuse to grant a certificate pursuant to s 2 of the Costs in Criminal Cases Act 1967 (NSW) was heard concurrently with proceedings 2019/00181340 (the s 5F proceedings), being an application for leave to appeal pursuant to s 5F of the Criminal Appeal Act 1912 (NSW).

2. [2]

   In both proceedings, the Legal Aid Commission of New South Wales (the Commission) sought to be joined as a second applicant or, in the alternative, sought leave to intervene. The application to be joined was not ultimately opposed. The Commission also sought to file a Further Amended Summons in these proceedings if joined as a party.

3. [3]

   For reasons which appear sufficiently from our decision in the s 5F proceedings (Rodden v R [2023] NSWCCA 202), Mr Rodden’s Amended Summons for judicial review must be dismissed and there would be no utility in joining the Commission to these proceedings or giving it leave to intervene.

4. [4]

   Accordingly in these proceedings, the orders of the Court are:

   1. (1)

      Application by the Legal Aid Commission of New South Wales to be joined as an applicant or, in the alternative, to intervene, refused.

   2. (2)

      Amended Summons dismissed.

   3. (3)

      No order as to costs.