Majak v Rose (No 8)

[2017] NSWCA 279

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Judicial review
3. › Supervisory jurisdiction
4. › Supreme Court Act 1970 (NSW), s 69
5. › Review of District Court decision in criminal jurisdiction
6. › Whether jurisdictional error established
7. › District Court Act 1973 (NSW), s 176
1. Appeal
2. › Appeal from Local Court
3. › Apprehended personal violence order
4. › Appeal to District Court under Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 84
5. › Nature of appeal under Crimes (Appeal and Review) Act 2001 (NSW)
6. › Not a hearing de novo
1. Costs
2. › Application for review of costs orders
3. › District Court costs order
4. › Whether costs order involved jurisdictional error

Quick Take

An appeal to the District Court under s 84 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) falls within the criminal jurisdiction of the District Court, subject to the privative clause in s 176 of the District Court Act 1973 (NSW), so that the Court of Appeal may intervene only upon demonstration of jurisdictional error. In the supervisory jurisdiction, the proper relief is to remit to the District Court, not to set aside Local Court orders directly.

Case Details

Citation[2017] NSWCA 279

CourtNSWCA

JurisdictionNew South Wales

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Relies on3

2017Majak v Rose (No 3)NSWCA 104
2011Garde v DowdNSWCA 115
2006Charara v the QueenNSWCCA 244

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