NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cunningham v Cunningham [2012] NSWSC 849 Hearing dates: 21 June 2012 Decision date: 27 July 2012 Jurisdiction: Common Law Before: Button J Decision: (1) Summons dismissed. (2) Defendant to have liberty to apply until 4pm, 3 August 2012, for an order as to costs. Catchwords: ADMINISTRATIVE LAW - proceedings in lieu of writs - whether costs order made with jurisdictional error
APPREHENDED VIOLENCE ORDERS - appeal of costs order - avenue of appeal - construction of s 99(3) of Crimes (Domestic and Personal Violence) Act 2007 - whether error in not ordering costs - whether proceedings frivolous or vexatious
STATUTES - Acts of Parliament - interpretation - purposive interpretation - whether s 99(3) of Crimes (Domestic and Personal Violence) Act 2007 dominant to s 99(2) Legislation Cited: Criminal Procedure Act 1986 Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Interpretation Act 1987 Local Court Act 1982 (repealed) Local Court Act 2007 Supreme Court Act 1970 Supreme Court Rules 1970 Cases Cited: Constable Redman v Willcocks [2010] NSWSC 1268 Franks v Franks [2012] NSWCA 209 Garde v Dowd [2011] NSWCA 115 John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101; (2005) 62 NSWLR 512 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia [2012] HCA 25 Texts Cited: Bullen & Leake & Jacob's Precedents of Pleadings, 12th ed (1975) Sweet and Maxwell Peter Taylor et al, Ritchie's Uniform Civil Procedure NSW (2005) LexisNexis Butterworths Category: Principal judgment Parties: Warren Cunningham (plaintiff) Christine Cunningham (defendant) Representation: Counsel: Self-represented (plaintiff) C Fraser (defendant) Solicitors: Self-represented (plaintiff) Raj Haricharan (defendant) File Number(s): 2010/321034
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