NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Viavattene v Davison [2012] NSWSC 901 Hearing dates: 31/07/2012 Decision date: 09 August 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) The decision of her Honour Magistrate Stafford dated 29 March 2012 is affirmed. (4) The amended summons filed 14 May 2012 is dismissed. (5) The plaintiff is to pay the defendants' costs as agreed or assessed. Catchwords: APPEAL FROM LOCAL COURT - plaintiff absent at hearing in Local Court - matter dealt with in plaintiff's absence - contravention of Apprehended Violence Order - appeal on a question of law - appeal dismissed Legislation Cited: Conveyancing Act 1919 Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Criminal Procedure Act 1986 Fines Act 1996 Supreme Court Act 1970 Cases Cited: Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 House v The King (1936) 55 CLR 499 Touma v Saparas [2000] NSWCA 11 Newton v Ellis [2012] NSWCA 106 Category: Principal judgment Parties: Beverly Viavattene (Plaintiff) Senior Constable Greg Davison (First Defendant) Sergeant Paul Thierjung (Second Defendant) Representation: Plaintiff in person B Baker - Solicitor (Defendants) Plaintiff in person Crown Solicitor's Office (Defendants) File Number(s): 2012/117819
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