Majak v Rose (No 3) [2017] NSWCA 104

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Majak v Rose (No 3) [2017] NSWCA 104 Hearing dates: 28 March 2017 Decision date: 19 May 2017 Before: Leeming JA at [1]; Simpson JA at [2]; Emmett AJA at [82] Decision: Amended Summons dismissed with costs Catchwords: ADMINISTRATIVE LAW – declaratory relief – judicial review – correction of court record of an Apprehended Domestic Violence Order – whether jurisdictional error – application for correction made by solicitor – no application for variation of order as originally made – no error established

ADMINISTRATIVE LAW – declaratory relief – judicial review – asserted decision by Local Court to commence proceedings to Apprehended Domestic Violence Order – no such decision – no error established – no basis for relief

ADMINISTRATIVE LAW – declaratory relief – judicial review – appeal against order extending Apprehended Domestic Violence Order – appeal dismissed – whether jurisdictional error – whether appeal hearing was conducted as a rehearing – whether denial of procedural fairness – no error established

ADMINISTRATIVE LAW – declaratory relief – judicial review – appeal against costs order following contested application for extension of Apprehended Domestic Violence Order – whether jurisdictional error – whether failure to consider grounds for awarding costs on an indemnity basis – whether failure to address submissions made by appellant – no error established Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW), ss 4, 8, 18 Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 9, 16, 22, 72, 72A, 84, 99 Criminal Procedure Act 1986 (NSW), s 215 District Court Act 1973 (NSW), s 176 Supreme Court Act 1970 (NSW), ss 69, 75, Uniform Civil Procedure Rules 2005 (NSW), r 36.15 Cases Cited: Dranichnikov v Minister for Immigration and Multicultural Affairs (2003) 73 ALD 321; [2003] HCA 26 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Lazarus v Independent Commission Against Corruption [2017] NSWCA 37 Shade Systems Pty Ltd v Probuild Constructions (Aust) Pty Ltd (No 2) [2016] NSWCA 379 Spanos v Lazaris [2008] NSWCA 74 Category: Principal judgment Parties: Zofia Majak (Applicant) Local Court of New South Wales (Gosford) (First Respondent) District Court of New South Wales (Gosford) (Second Respondent) Alan Wesley Rose (Third Respondent) Representation: Counsel: In person (Applicant) Submitting appearance (First and Second Respondents) L P Robberds QC (Third Respondent)