PEACH v WYMER & ORS [2007] NSWSC 690

New South Wales Supreme Court

CITATION : PEACH v WYMER & ORS [2007] NSWSC 690

HEARING DATE(S) : 22 June 20007 JURISDICTION : Common Law

JUDGMENT OF : Adams J at 1

EX TEMPORE JUDGMENT DATE : 22 June 2007

DECISION : (i) The record of the Local Court in proceedings 00171301/06/172 be brought up; (ii) the decision of the Magistrate as to the Court's jurisdiction to grant an order for the protection of Nicole Wymer be quashed; (iii) the matter be remitted back to the Local Court to be dealt with in accordance with the judgment of this Court; and ; (iv) the defendants to pay the plaintiff's costs.

LEGISLATION CITED : Crimes Act 1900, Pt 15A s 562ZQ

Geoffrey Christopher Michael PEACH (Plaintiff) PARTIES : Stuart WYMER (First defendant) Nicole WYMER (Second defendant) The NSW Local Court (Third defendant)

FILE NUMBER(S) : SC 30063/07

COUNSEL : Mr M Hay (Plaintiff) Mr B Longville (First and second defendants)

SOLICITORS : Huntington Karras (Plaintiff)

LOWER COURT JURISDICTION : Local Court

LOWER COURT FILE NUMBER(S) : 00171301/06/172

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ADAMS J

FRIDAY 22 JUNE 2007

30063/07 - Geoffrey Christopher Michael PEACH v STUART WYMER & ORS

ADMINISTRATIVE LAW LIST

JUDGMENT

1 HIS HONOUR: On 20 December 2006 a complaint was affirmed and a summons issued at Sutherland Local Court by Mr Stuart Wymer seeking orders for the protection of himself and his wife against apprehended violence by Geoffrey Peach, who is the plaintiff in this Court. Objection was taken to the jurisdiction of the Local Court to make an order for the protection of Mrs Wymer because she was not a complainant. (Part 15A was amended after the commencement of proceedings but before the hearing in the Local Court. It is agreed by the parties that the provisions dealing with the present problem were relevantly unchanged. For ease of reference I have chosen to use the new section numbers and "application" rather than "complaint".)