New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 41

41 Revocation of orders dismissing appeals and applications for leave to appeal

(1) An application may be made to the Land and Environment Court for the setting aside of an order under section 40 that has dismissed an appeal or application for leave to appeal because of the appellant's failure to appear (a
"dismissal order" ).

(2) An application under this section must be made within 12 months after the date on which the dismissal order is made.

(3) After hearing such an application, the Land and Environment Court may set aside the dismissal order, either unconditionally or subject to conditions, if it is satisfied--

(a) that the appellant has shown sufficient cause for the failure to appear, and

(b) that it is in the interests of justice that the appeal or application be heard.

(4) Section 60 applies to any sentence in respect of which a dismissal order is set aside.

(5) No action lies against any person for anything done or omitted to be done by the person in good faith, and without notice of the setting aside of a dismissal order, for the purpose of enforcing the conviction or sentence the subject of the appeal to which the order relates.