KLEWER v THE DISTRICT COURT OF NEW SOUTH WALES [1997] NSWCA 178

KLEWER v THE DISTRICT COURT OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, BEAZLEY JA and BROWNIE AJA 5 March 1997

[1997] NSWCA 178

Meagher JA. In this matter the Court is dealing with an application by Mrs Klewer against the District Court, and in particular his Honour Judge Johnson.

The history of the matter is this, that Mrs Klewer was involved in an altercation with a Mr Andrew Roland Martin — who is a police officer — on 18 March 1994. Mrs Klewer sued Mr Martin in the Local Court and that matter was heard on 22 June 1995. She failed in that case and costs were awarded against her. The amount of costs was $4,500.

She then appealed to the District Court, held in Coffs Harbour, and only on the question of costs. She lost that appeal and incurred further costs in that appeal. The amount of the additional costs was $500, as a result of which Mrs Klewer now owes $5,000 by way of costs, aggregating the two orders of the Local Court and the District Court.

Her application to this Court is an application by way of prerogative relief, presumably for orders in the nature of certiorari. The only material before the Court to which we can have regard, taking her case even at itshighest, is her affidavit and the judgment of his Honour Judge Johnson, and perhaps the transcript. On recent judicial authorities we may not even be able to have regard to some of that, but in any event it is fairly clear that from the documents before the Court there is no case proved of error of law. There is no case proved of breach of natural justice. There is no case proved of procedural unfairness. And the unfortunate fact must be that the summons should be dismissed.

I come to that conclusion with some reluctance because one cannot help having sympathy for Mrs Klewer, who has seven children, is on a single mothers" pension, and has very limited financial means, and in general is far from being sufficiently prosperous to handle these matters so that they do not hurt her. But unfortunately, however badly off she is personally, there is nothing we can do to help her in that regard.