Majak v Rose (No 8) [2017] NSWCA 279

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Majak v Rose (No 8) [2017] NSWCA 279 Hearing dates: 27 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Before: Basten JA at [1]; Macfarlan JA at [27]; Sackville AJA at [28] Decision: (1) Dismiss the applicant's amended summons filed on 6 September 2017.

(2) Order that the applicant pay the costs of the first respondent, Alan Wesley Rose, of the proceedings in this Court. Catchwords: APPEAL AND REVIEW – judicial review – supervisory jurisdiction – Supreme Court Act 1970 (NSW), s 69 – application for review of District Court decision dismissing appeal from Local Court ruling – apprehended personal violence order made against applicant – whether District Court decision involved jurisdictional error

COSTS – application for review of District Court order awarding costs to respondent – whether decision involved jurisdictional error Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) ss, 7, 16, 84 District Court Act 1973 (NSW), s 176 Cases Cited: Charara v The Queen [2006] NSWCCA 244 Garde v Dowd (2011) 80 NSWLR 620; [2011] NSWCA 115 Majak v Rose (No 3) [2017] NSWCA 104 Category: Principal judgment Parties: Zofia Majak (Applicant) Alan Wesley Rose (Respondent) Representation: Counsel: Applicant self-represented Mr L P Robberds QC (Respondent)