Walsh v Mulherin [2005] NSWSC 1089

There is no right of appeal to the Supreme Court from Part 15A proceedings; the appeal was misconceived and must be dismissed.

Jurisdiction: Australia
Judgment Date: 01 November 2005
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: ['appeal Rights' 'apprehended Violence Order' 'subpoena' 'practice and Procedure']

Case Brief

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Appeal / Judgment

1 ['Whether there is a right of appeal to the Supreme Court from Part 15A proceedings in the Local Court' 'Whether the Magistrate erred in refusing to set aside the subpoena' 'Whether the subpoena constituted an abuse of process']

There is no right of appeal to the Supreme Court from Part 15A proceedings; the appeal was misconceived and must be dismissed.

Appeal dismissed

['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.']