Slaveski & Anor v Longley LCM & Ors [2011] NSWSC 933

Slaveski & Anor v Longley LCM & Ors [2011] NSWSC 933

The summons was dismissed because the plaintiffs failed to establish any factual foundation or proper legal basis for the order sought, and the evidence did not demonstrate any actual or constructive failure by the Local Court to exercise its jurisdiction. The recordings and transcripts showed that the Magistrates had been patient and courteous and had given the plaintiffs adequate opportunity to be heard.

Jurisdiction
Australia
Judgment Date
23 August 2011
Procedural Posture
Proceedings Under S 69 of the Supreme Court Act 1970 Seeking Relief in the Nature of Mandamus / Hearing of Amended Summons Seeking Transfer of Pending Committal Proceedings From Burwood Local Court to the Downing Centre Local Court
Outcome
The summons is dismissed.
Legal Topics
['mandamus' 'supervisory Jurisdiction' 'transfer of Committal Proceedings Between Local Courts' 'paper Committal' 'fair Hearing Allegations']
['civil Procedure' 'criminal Procedure' 'judicial Review'] ['mandamus' 'supervisory Jurisdiction' 'transfer of Committal Proceedings Between Local Courts' 'paper Committal' 'fair Hearing Allegations']

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Procedural Posture

Proceedings Under S 69 of the Supreme Court Act 1970 Seeking Relief in the Nature of Mandamus / Hearing of Amended Summons Seeking Transfer of Pending Committal Proceedings From Burwood Local Court to the Downing Centre Local Court

Legal Issues

  1. 1 ['Whether the Supreme Court should order, in the nature of mandamus under s 69 of the Supreme Court Act 1970, that committal proceedings listed at Burwood Local Court be transferred to the Downing Centre Local Court.' 'Whether the evidence established any actual or constructive failure by the Local Court to exercise jurisdiction.' 'Whether alleged unfair treatment by Magistrates at Burwood Local Court provided a proper factual or legal basis for transfer of the committal proceedings.']

Ratio Decidendi

The summons was dismissed because the plaintiffs failed to establish any factual foundation or proper legal basis for the order sought, and the evidence did not demonstrate any actual or constructive failure by the Local Court to exercise its jurisdiction. The recordings and transcripts showed that the Magistrates had been patient and courteous and had given the plaintiffs adequate opportunity to be heard.

Court Disposition

The summons is dismissed.

Orders

  • ['The summons is dismissed.' "The plaintiffs are to pay the third defendant's costs."]