Hans Ekblad v Lorraine Ekblad & Or [2015] NSWSC 507

Supreme Court New South Wales

Medium Neutral Citation: Hans Ekblad v Lorraine Ekblad & Or [2015] NSWSC 507 Hearing dates: 4 February 2015 Date of orders: 04 February 2015 Decision date: 06 May 2015 Jurisdiction: Common Law Before: Wilson J Decision: Leave to Appeal is Refused Insofar as it is necessary, the Summons filed on 8 August 2014 is struck out Catchwords: APPEAL – Apprehended Domestic Violence Order (ADVO) - Application for extension of time to lodge an appeal - leave to appeal against the decision of the Local Court dismissing the application for ADVO – allegation of bias – merits of appeal

APPEAL – Apprehended Domestic Violence Order (ADVO) - jurisdiction of Supreme Court to hear an appeal against the decision of the Local Court dismissing the application for ADVO

APPEAL – Costs – Application for extension of time to lodge an appeal Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Domestic and Personal Violence) Act 2007 Crimes (Forensic Procedures) Act 2000 Local Court Act 2007 Supreme Court Act 1970 Cases Cited: Bimson Roads & Maritime Services v Damorange Pty Ltd (No 2) [2014] NSWSC 827 Cunningham v Cunningham [2012] NSWSC 849 Franks v Franks [2012] NSWCA 209 John Fairfax Publications Pty Ltd v Ryde Local Court [2005] NSWCA 101; (2005) 62 NSWLR 512 R v SY [2004] NSWCCA 297 R v Zorad (1990) 19 NSWLR 91 Tomko v Palasty (No. 2) [2007] NSWCA 369 Vincent Francis Stanizzo v Muhammad Badarne & Ors [2014] NSWSC 689 Category: Principal judgment Parties: Hans Ekblad (Plaintiff) Lorraine Ekblad (First Defendant) Local Court of New South Wales (Second Defendant) Representation: Counsel: Mr J Tyler-Stott (Plaintiff) First Defendant in person Second Defendant via submitting appearance File Number(s): 2014/166262 Decision under appeal Court or tribunal: Local Court of New South Wales Date of Decision: 8 April 2014 Before: Local Court Magistrate Milledge File Number(s): 2013/254240