Bird v Redman [2024] NSWDC 60

Bird v Redman [2024] NSWDC 60

The appeal was dismissed because the appellant did not demonstrate error in the Magistrate's finding that, in light of the events of 16 August 2022, the respondent had reasonable grounds to fear and in fact feared intimidation by the appellant, including a threat of damage to her motor vehicle. The Magistrate was entitled to rely on the appellant's admitted yelling and swearing, the distinctive circumstance that police were called after this incident, and the history of acrimony. The fresh evidence concerning the Fitzsimmons statement was troubling and reflected poorly on the respondent, but it did not materially affect the assessment of probabilities because other corroborative evidence...

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Civil Appeal Against Apprehended Personal Violence Order / Appeal From NSW Local Court to District Court of New South Wales
Outcome
Appeal dismissed; Local Court order confirmed.
Legal Topics
['appeal Against Apvo' 'fresh Evidence on Appeal' 'interests of Justice' 'intimidation' 'reasonable Grounds to Fear']
['apprehended Violence Orders' 'civil Procedure' 'evidence'] ['appeal Against Apvo' 'fresh Evidence on Appeal' 'interests of Justice' 'intimidation' 'reasonable Grounds to Fear']

Case Brief

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Procedural Posture

Civil Appeal Against Apprehended Personal Violence Order / Appeal From NSW Local Court to District Court of New South Wales

Legal Issues

  1. 1 ['Whether the appellant should be granted leave to adduce fresh evidence on the appeal in the interests of justice under s 18(2) of the Crimes (Appeal and Review) Act 2001 (NSW).' 'Whether the respondent should be granted leave to adduce additional witness statements as fresh evidence on the appeal.' 'Whether the Local Court Magistrate erred in finding that the respondent had reasonable grounds to fear, and in fact feared, intimidation by the appellant sufficient to warrant an APVO under s 19 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW).' "Whether the APVO retained utility despite the appellant's submission that she no longer presented any threat to the respondent."]

Ratio Decidendi

The appeal was dismissed because the appellant did not demonstrate error in the Magistrate's finding that, in light of the events of 16 August 2022, the respondent had reasonable grounds to fear and in fact feared intimidation by the appellant, including a threat of damage to her motor vehicle. The Magistrate was entitled to rely on the appellant's admitted yelling and swearing, the distinctive circumstance that police were called after this incident, and the history of acrimony. The fresh evidence concerning the Fitzsimmons statement was troubling and reflected poorly on the respondent, but it did not materially affect the assessment of probabilities because other corroborative evidence...

Court Disposition

Appeal dismissed; Local Court order confirmed.

Orders

  • ['The appeal against the APVO imposed on 25 August 2023 is dismissed and the Local Court order is confirmed.']