BAUSKIS v ADAMS [2007] NSWCA 293

Appeal Outcome: Application dismissed by the High Court - 15 May 2008

New South Wales Court of Appeal

CITATION: BAUSKIS v ADAMS [2007] NSWCA 293

HEARING DATE(S): 24 September 2007

JUDGMENT DATE: 19 October 2007

JUDGMENT OF: Mason P at 1; Hoeben J at 1

DECISION: Summons dismissed with costs

CATCHWORDS: CONSTITUTIONAL LAW – Imperial, colonial, state relationships – imperial legislation – inherited law – adopted law – applicability of statute law – Habeas Corpus Act 1640 (Imp), s 6, s 8 – Imperial Acts Application Act 1969, s 6. - ADMINISTRATIVE LAW – Prerogative writs and orders – habeas corpus – appropriateness of remedy – whether habeas corpus or appeal appropriate – where writ sought on order made by superior court of general jurisdiction - PROCEDURE – Courts and judges generally – judges – immunity from proceedings – alleged improper denial of right to trial by jury – where claimant charged with contempt of court and served sentence of imprisonment – Habeas Corpus Act 1640 (Imp), s 4, s 6 – Imperial Acts Application Act 1969, s 43

Imperial Acts Application Act 1969 LEGISLATION CITED: Habeas Corpus Act 1640 Statutes of the Realm, 1819

Fingleton v The Queen (2005) 227 CLR 166 In the Matter of Bauskis [2006] NSWSC 907 In the Matter of Bauskis [2006] NSWSC 908 CASES CITED: Re Colina; Ex parte Torney (1999) 200 CLR 386 Witham v Holloway (1995) 183 CLR 525 Yeldham v Rajski (1989) 18 NSWLR 48 Young v Registrar, Court of Appeal (No 3) (1993) 32 NSWLR 262

PARTIES: John Peter BAUSKIS Michael Frederick ADAMS

FILE NUMBER(S): CA 40294/2007