Palmer v Haddad [2000] NSWSC 545

New South Wales Supreme Court

CITATION : Palmer v Haddad [2000] NSWSC 545 revised - 7/09/2000 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12552/99 HEARING DATE(S) : 8 December 1999 JUDGMENT DATE : 19 June 2000

PARTIES : Barbara June PALMER - Appellant Joseph HADDAD - Respondent JUDGMENT OF : Simpson J at 1

LOWER COURT Local Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT Ms E Wynhausen JUDICIAL OFFICER :

COUNSEL : Ms A Sullivan - Appellant Mr M Buscombe - Respondent SOLICITORS : John Fallins - Appellant Cole & Butler - Respondent CATCHWORDS : Application for leave to appeal against decision of Local Court - order made in Local Court under De Facto Relationships Act 1984 - refusal to make costs order - jurisdiction of Supreme Court to entertain application for leave to appeal - De Facto Relationships Act 1984 - Local Courts (Civil Claims) 1970 - Justice Act 1902 - application refused. De Facto Relationships Act 1984 LEGISLATION CITED : Local Courts (Civil Claims) Act 1970 Justices Act 1902 Grubnic v Healy (1994) 18 Fam LR 617 CASES CITED : Director of Public Prosecution v Youbert Yalda, unreported, 6 October 1998 House v R (1936) 55 CLR 499 DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Monday 19 June 2000

12552/99 PALMER v HADDAD Judgment

HER HONOUR : 1 By summons filed on 20 October 1999 Ms B Palmer, identified as the appellant, seeks leave to appeal against a decision of a magistrate in the Local Court. A preliminary and important question concerning the jurisdiction of this Court to entertain the application has been raised by the respondent.