DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 1) [2010] NSWCA 48

New South Wales Court of Appeal

CITATION: DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 1) [2010] NSWCA 48

HEARING DATE(S): 15 March 2010

JUDGMENT DATE: 15 March 2010

JUDGMENT OF: Basten JA at 1

EX TEMPORE JUDGMENT DATE: 15 March 2010

(1) Grant leave to the applicant to file and serve an amended summons on or before 19 March 2010. (2) Order that the District Court of New South Wales and the State of New South Wales be added as parties to the proceedings. DECISION: (3) Direct the applicant to file and serve by 5 April 2010 an affidavit detailing the steps taken in relation to the filing and service of, and responses to, a notice under s 78B of the Judiciary Act 1903 (Cth). (4) Direct the respondents to file and serve any material on which they propose to rely by 5 April 2010. (5) Order that the costs of today be costs in the proceedings. (6) Each party has liberty to apply on three days notice to the Registrar, who may refer the matter to me if he thinks that appropriate.

CATCHWORDS: PROCEDURE – Court of Appeal – directions – preparation of matter for hearing – service of notice of constitutional issue

LEGISLATION CITED: District Court Act 1973 (NSW), s 18 Judiciary Act 1903 (Cth), s 78B

CATEGORY: Procedural and other rulings

Ruth Downey - Applicant Acting District Court Judge Boulton - First Respondent PARTIES: Royal Society for the Prevention of Cruelty to Animals - Second Respondent District Court of New South Wales - Third Respondent State of New South Wales - Fourth Respondent