WYSE v DISTRICT COURT & ANOR [1999] NSWCA 124

WYSE v DISTRICT COURT & ANOR [1999] NSWCA 124

The summons was dismissed because, given that the only incident relied on was about eighteen months old and Mrs Silvestro had moved away, the original complaint was stale and could not support the making of an apprehended violence order under s 562B of the Crimes Act 1900 (NSW). It would therefore be futile to quash the District Court order and direct a rehearing, so relief was refused on discretionary grounds.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Judicial Review / Prerogative Relief Seeking Relief in the Nature of Certiorari / Summons Before the New South Wales Court of Appeal to Quash a District Court Decision Refusing an Adjournment and Dismissing Proceedings for an Apprehended Violence Order
Outcome
Summons dismissed, no order as to costs.
Legal Topics
['apprehended Violence Orders' 'certiorari' 'discretionary Refusal of Relief' 'futility' 'reasonable Apprehension of Personal Violence']
['judicial Review' 'criminal Law'] ['apprehended Violence Orders' 'certiorari' 'discretionary Refusal of Relief' 'futility' 'reasonable Apprehension of Personal Violence']

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Procedural Posture

Judicial Review / Prerogative Relief Seeking Relief in the Nature of Certiorari / Summons Before the New South Wales Court of Appeal to Quash a District Court Decision Refusing an Adjournment and Dismissing Proceedings for an Apprehended Violence Order

Legal Issues

  1. 1 ['Whether relief in the nature of certiorari should be granted to quash the District Court order refusing an adjournment and dismissing the apprehended violence order proceedings.' 'Whether, after a substantial lapse of time and the defendant moving away, the original complaint could still support an apprehended violence order under s 562B(1) of the Crimes Act 1900 (NSW).']

Ratio Decidendi

The summons was dismissed because, given that the only incident relied on was about eighteen months old and Mrs Silvestro had moved away, the original complaint was stale and could not support the making of an apprehended violence order under s 562B of the Crimes Act 1900 (NSW). It would therefore be futile to quash the District Court order and direct a rehearing, so relief was refused on discretionary grounds.

Court Disposition

Summons dismissed, no order as to costs.

Orders

  • ['Summons dismissed.' 'No order as to costs.']