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[2025] NSWCCA 74
General information, not legal advice.
Court of Criminal Appeal (NSW)
2025-05-23
Harrison CJ at CL
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: AK v R [2025] NSWCCA 74
Hearing dates: On the papers
Date of orders: 23 May 2025
Decision date: 23 May 2025
Before: Harrison CJ at CL
Decision: No basis to make an order that differs from that made by the Registrar on 24 April 2025. Decline to make an order for access to the nominated transcripts.
Catchwords: CIVIL PROCEDURE – review of procedural decisions of Registrar – where applicant filed notice of motion seeking extension of time to file notice of appeal – extension refused by Registrar – where applicant filed notice of motion seeking access to unedited transcript – no demonstration why transcripts were required – application refused
Category: Procedural rulings
Parties: AK (Applicant) Rex (Respondent)
Representation: Counsel:
B Costello (Respondent)
Solicitors:
Office of the Director of Public Prosecutions (Respondent)
File Number(s): 2019/371978
Publication restriction: Nil
HIS HONOUR: By notices of motion dated 23 April 2025, the applicant seeks access to the unedited transcript of his trial in the District Court and the sentencing proceedings, as well as an extension of time until 28 February 2025 for the filing of a Notice of Appeal.
The applicant’s request for an extension of time to file the notice of appeal was refused by the Registrar at a call-over on 24 April 2025. The Registrar was of the view, correctly in my estimation, that the issue of whether to grant the extension should be decided at the hearing of the appeal. That appeal is currently listed for 16 June 2025. The applicant’s position is adequately protected in this respect and he can revive his application when the matter is before the Court of Criminal Appeal in June.
With respect to the transcripts, the applicant has not demonstrated why these transcripts are required in some fashion other than as part of the Court Book to be prepared for the appeal. To the extent that the applicant contends that material upon which he wishes to rely is not included in the appeal papers, he should draw that to the attention of the court at that time.
I confirm that there is no basis to make an order that differs in any respect from that made by the Registrar on 24 April 2025. I decline to make an order for access to the nominated transcripts.
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AK
R [2025] NSWCCA 74