Wallin v Tiernan [1999] NSWCA 353

Wallin v Tiernan [1999] NSWCA 353

Leave to appeal was refused because the District Court had found that neither side reasonably apprehended any violence from the other, and the Court of Appeal considered that it ought not be involved in petty wrangles between neighbours.

Jurisdiction
Australia
Judgment Date
20 August 1999
Procedural Posture
Apprehended Violence Order Proceedings / Application for Leave to Appeal From District Court Orders Revoking Apprehended Violence Orders
Outcome
Leave to appeal refused; summons dismissed with costs.
Legal Topics
['revocation of Apprehended Violence Orders' 'leave to Appeal' 'reasonable Apprehension of Violence' 'neighbour Dispute']
['apprehended Violence Orders' 'appeals'] ['revocation of Apprehended Violence Orders' 'leave to Appeal' 'reasonable Apprehension of Violence' 'neighbour Dispute']

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Procedural Posture

Apprehended Violence Order Proceedings / Application for Leave to Appeal From District Court Orders Revoking Apprehended Violence Orders

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against the District Court orders effectively revoking the apprehended violence orders.' 'Whether either side reasonably apprehended violence from the other.']

Ratio Decidendi

Leave to appeal was refused because the District Court had found that neither side reasonably apprehended any violence from the other, and the Court of Appeal considered that it ought not be involved in petty wrangles between neighbours.

Court Disposition

Leave to appeal refused; summons dismissed with costs.

Orders

  • ['Summons dismissed with costs.']