Jury v NSW Sheriff, Jury v State of NSW, Wilson v NSW Sheriff [2006] NSWSC 988

Jury v NSW Sheriff, Jury v State of NSW, Wilson v NSW Sheriff [2006] NSWSC 988

The objection to the competency/jurisdiction based on the alleged illegitimacy of the court and its judges is wholly untenable and misconceived; the Supreme Court continues in lawful existence, and the judge has full jurisdiction to determine the motions before the court.

Jurisdiction
Australia
Judgment Date
19 September 2006
Procedural Posture
Originating Motion/statement of Claim / Ruling on Objection to Jurisdiction/competency
Outcome
Objection to competency overruled; jurisdiction affirmed
Legal Topics
['legitimacy of Supreme Court Establishment' 'appointment of Judges' 'jurisdictional Challenge']
['courts and Judges'] ['legitimacy of Supreme Court Establishment' 'appointment of Judges' 'jurisdictional Challenge']

Case Brief

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Procedural Posture

Originating Motion/statement of Claim / Ruling on Objection to Jurisdiction/competency

Legal Issues

  1. 1 ['Whether the Supreme Court of New South Wales is validly established and its judges lawfully appointed' 'Whether the court has jurisdiction to hear the Notices of Motion']

Ratio Decidendi

The objection to the competency/jurisdiction based on the alleged illegitimacy of the court and its judges is wholly untenable and misconceived; the Supreme Court continues in lawful existence, and the judge has full jurisdiction to determine the motions before the court.

Court Disposition

Objection to competency overruled; jurisdiction affirmed

Orders

  • ['Objection to the competency/jurisdiction is overruled.' 'The court holds that it has jurisdiction to hear the motions.']