BAUSKIS v ADAMS [2007] NSWCA 293

BAUSKIS v ADAMS [2007] NSWCA 293

There was no offence disclosed in law by the summons under section 43 of the Imperial Acts Application Act 1969, judicial immunity applied, and habeas corpus was not an appropriate remedy for orders made by the Supreme Court after a hearing.

Jurisdiction
Australia
Judgment Date
19 October 2007
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application dismissed
Legal Topics
['imperial Acts Application' 'habeas Corpus' 'judicial Immunity' 'trial by Jury' 'contempt of Court']
['constitutional Law' 'administrative Law' 'procedure'] ['imperial Acts Application' 'habeas Corpus' 'judicial Immunity' 'trial by Jury' 'contempt of Court']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the claimant was improperly denied the right to trial by jury' 'Whether judicial immunity barred proceedings against the opponent' 'Whether an offence was disclosed under section 43 of the Imperial Acts Application Act 1969' 'Appropriateness of habeas corpus remedy for contempt proceedings']

Ratio Decidendi

There was no offence disclosed in law by the summons under section 43 of the Imperial Acts Application Act 1969, judicial immunity applied, and habeas corpus was not an appropriate remedy for orders made by the Supreme Court after a hearing.

Court Disposition

Application dismissed

Orders

  • ['Summons dismissed with costs']