Viavattene v Davison [2012] NSWSC 901

Viavattene v Davison [2012] NSWSC 901

The refusal to grant an adjournment did not amount to a denial of procedural fairness; the existence of an easement was irrelevant to the finding that the plaintiff breached the AVO by harassing protected persons; the Magistrate was entitled to convict and sentence based on the evidence before the Local Court; no error of law is established.

Parties
Plaintiff: Beverly Viavattene; First Defendant: Senior Constable Greg Davison; Second Defendant: Sergeant Paul Thierjung
Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Appeal From Local Court Decision / Final Judgment
Outcome
appeal dismissed
Legal Topics
Apprehended Violence Order, Appeal, Procedural Fairness
Criminal Law Civil Procedure Apprehended Violence Order Appeal Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Beverly Viavattene

Plaintiff

Senior Constable Greg Davison

First Defendant

Sergeant Paul Thierjung

Second Defendant

Procedural Posture

Appeal From Local Court Decision / Final Judgment

Legal Issues

  1. 1 Whether the refusal of an adjournment amounted to a denial of procedural fairness
  2. 2 Whether the absence of an easement or council access road is relevant to breach of Apprehended Violence Order
  3. 3 Whether there was an error of law in the Local Court's determination of breach of AVO

Ratio Decidendi

The refusal to grant an adjournment did not amount to a denial of procedural fairness; the existence of an easement was irrelevant to the finding that the plaintiff breached the AVO by harassing protected persons; the Magistrate was entitled to convict and sentence based on the evidence before the Local Court; no error of law is established.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.