TEESE v WOODGATE & ORS [2004] NSWSC 1113

TEESE v WOODGATE & ORS [2004] NSWSC 1113

The Sheriff of New South Wales, when appointed as a deputy sheriff of the Federal Magistrates Court under s107 of the Federal Magistrates Act, may perform the enforcement or execution of process of the Federal Magistrates Court as an officer of that court, not as the Sheriff of New South Wales. Therefore, the declarations sought were not warranted and the summons was dismissed.

Parties
Plaintiff: Ann-Carolyn Teese; First Defendant: Giles Geoffrey Woodgate; Second Defendant: The Sheriff of New South Wales; Third Defendant: The Registrar, Federal Magistrates Court of Australia; Fourth Defendant: The Sheriff, Federal Court of Australia
Jurisdiction
Australia
Judgment Date
08 November 2004
Procedural Posture
Summons / Judgment
Outcome
Summons dismissed
Legal Topics
Sheriffs' Powers, Process Enforcement, Interjurisdictional Arrangements
Administrative Law Civil Procedure Sheriffs' Powers Process Enforcement Interjurisdictional Arrangements

Case Brief

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Parties

Ann-Carolyn Teese

Plaintiff

Giles Geoffrey Woodgate

First Defendant

The Sheriff of New South Wales

Second Defendant

The Registrar, Federal Magistrates Court of Australia

Third Defendant

The Sheriff, Federal Court of Australia

Fourth Defendant

Procedural Posture

Summons / Judgment

Legal Issues

  1. 1 Whether the Sheriff of New South Wales has the authority to execute or enforce orders or process in aid of the Federal Court of Australia or the Federal Magistrates Court of Australia

Ratio Decidendi

The Sheriff of New South Wales, when appointed as a deputy sheriff of the Federal Magistrates Court under s107 of the Federal Magistrates Act, may perform the enforcement or execution of process of the Federal Magistrates Court as an officer of that court, not as the Sheriff of New South Wales. Therefore, the declarations sought were not warranted and the summons was dismissed.

Court Disposition

Summons dismissed

Orders

  • Summons dismissed
  • Each party to pay its own costs