//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2026] NSWSC 580
Supreme Court of NSW
2026-05-19
Hamill J (as Duty Judge)
Original judgment source is linked above.
Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Domenico Cascio v Transport for NSW [2026] NSWSC 580
Hearing dates: 19 May 2026
Date of orders: 19 May 2026
Decision date: 19 May 2026
Jurisdiction: Common Law
Before: Hamill J (as Duty Judge)
Decision: (1) Pursuant to s 51 of the Supreme Court Act 1970 (NSW), the proceedings with the number 2026/00200670 are removed to the Court of Appeal.
(2) Decline to make the orders sought in the notice of motion and that notice of motion is removed with the whole of the proceedings to the Court of Appeal.
(3) Direct the Duty Registrar to notify the Registrar of the Court of Appeal that these orders have been made and to do so as a matter of urgency.
(4) These orders are to be taken out forthwith.
Catchwords: CIVIL LAW – urgent application – judicial review of the decision of District Court – notice of motion restraining Revenue NSW from suspending driver’s licence – where District Court dismissed appeal – where District Court refused to state a question of law to Court of Criminal Appeal – no jurisdiction in single Judge of the Court – matter removed to Court of Appeal
Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5B
Supreme Court Act 1970 (NSW), s 51
Cases Cited: Franklin v Director of Public Prosecutions (NSW) [2021] NSWCA 83
Franklin v Director of Public Prosecutions (NSW) (2022) 109 NSWLR 198; [2022] NSWCA 58
Gibson v Director of Public Prosecutions (NSW) (No 2) (2021) 105 NSWLR 434; [2021] NSWCA 218
Yenuga v Director of Public Prosecutions (NSW) [2021] NSWCA 293
Texts Cited: N/A
Category: Principal judgment
Parties: Domenico Cascio (Plaintiff) (Self-represented)
Transport for NSW (Defendant)
District Court of NSW (Second Defendant)
File Number(s): 2026/00200670
Publication restriction: N/A
This afternoon, at about 3:00pm, this matter was referred to me in my capacity as the Common Law Duty Judge. It is an application for judicial review brought by summons filed on 23 April 2026. The application was brought in the Common Law Division of the Supreme Court and, on its face, seeks judicial review of a decision made by the District Court on 18 December 2025.
Relatedly, and the reason for the urgency, was that attached to that summons and filed today, 19 May 2026, is a notice of motion seeking the following orders:
“(1) Pending final determination of these proceedings, enforcement action arising from the subject infringement and related enforcement action be stayed.
(2) Pending final determination of these proceedings, Revenue NSW be restrained from suspending or otherwise enforcing against the Plaintiff’s driver licence arising from the subject enforcement action.
(3) In the alternative, that enforcement action be stayed pending further order of the Court.
(4) Such further or other orders as the Court considers appropriate.”
The decision which is subject to the summons seeking judicial review was an order by Johnson J in the District Court, I am told sitting in Darlinghurst, and his Honour’s refusal to state the case to the Court of Criminal Appeal pursuant to s 5B of the Criminal Appeal Act 1912 (NSW).
A single judge of this Division does not have the jurisdiction to review the decision of the District Court Judge, and such an application is properly made and assigned, by the provisions of the Supreme Court Act 1970 (NSW), to the Court of Appeal.
It follows that I do not have jurisdiction to make the orders sought in the summons. Nor do I have, by extension, the jurisdiction to make the orders sought in the notice of motion, which is to order a non-party to the proceedings to stay actions that it might otherwise take pending the outcome of proceedings over which I have no jurisdiction.
The Court of Appeal does have the power to review a decision to refuse to state the case under s 5B, and there have been many examples of such applications being made to the Court of Appeal: see, for example, Franklin v Director of Public Prosecutions (NSW) [2021] NSWCA 83 and Yenuga v Director of Public Prosecutions (NSW) [2021] NSWCA 293. However, since those decisions, the Court of Appeal has exhibited some reluctance to permit the power of judicial review to be used as a form of appeal that is not otherwise provided for by statute: see, for example, Yenuga v Director of Public Prosecutions (NSW) at [14], Gibson v Director of Public Prosecutions (NSW) (No 2) (2021) 105 NSWLR 434; [2021] NSWCA 218 at [33], [41]-[46] and Franklin v Director of Public Prosecutions (NSW) (2022) 109 NSWLR 198; [2022] NSWCA 58 at [3]-[4], [17], [43]-[45].
Pursuant to s 51 of the Supreme Court Act, I do have the power to remove the action to the Court of Appeal in circumstances where the summons ought properly to have been brought in that Court. Under s 51, once that action is taken, the proceedings are essentially deemed to be, for all purposes, commenced in the Court of Appeal.
Once the matter is removed to that Court, the Court would be in a position to consider whether the relief sought in the notice of motion can be granted, and then to consider the question of whether the orders should be made.
However, as I have tried to make clear to the plaintiff from the outset, I started by doubting my jurisdiction and ended by being quite sure that I do not have it.
For those reasons, I make the following orders:
Pursuant to s 51 of the Supreme Court Act 1970 (NSW), the proceedings with the number 2026/00200670 are removed to the Court of Appeal.
Decline to make the orders sought in the notice of motion and that notice of motion is removed with the whole of the proceedings to the Court of Appeal.
Direct the Duty Registrar to notify the Registrar of the Court of Appeal that these orders have been made and to do so as a matter of urgency.
These orders are to be taken out forthwith.
**********
Domenico Cascio
Transport for NSW
(2022) 109 NSWLR 198
(2021) 105 NSWLR 434