PHILIPSEN v THE DISTRICT COURT OF NEW SOUTH WALES [1992] NSWCA 187

PHILIPSEN v THE DISTRICT COURT OF NEW SOUTH WALES [1992] NSWCA 187

Relief by way of certiorari is appropriate and should be granted as consented, given disclosure showing procedural unfairness and absence of jurisdictional objection.

Parties
Claimant: Wendy Loretta Spittals; 1st Opponent: The District Court of New South Wales; 2nd Opponent: Director General of Corrective Services
Jurisdiction
Australia
Judgment Date
04 June 1992
Procedural Posture
Application for Prerogative Relief / Court of Appeal Judgment
Outcome
Orders made by consent for relief in the nature of certiorari
Legal Topics
Prerogative Writ of Certiorari, Procedural Fairness
Practice and Procedure Prerogative Writ of Certiorari Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Wendy Loretta Spittals

Claimant

The District Court of New South Wales

1st Opponent

Director General of Corrective Services

2nd Opponent

Procedural Posture

Application for Prerogative Relief / Court of Appeal Judgment

Legal Issues

  1. 1 Whether procedural fairness was denied in the making of the order for periodic detention cancellation
  2. 2 Whether the District Court complied with applicable legislation in making the order

Ratio Decidendi

Relief by way of certiorari is appropriate and should be granted as consented, given disclosure showing procedural unfairness and absence of jurisdictional objection.

Court Disposition

Orders made by consent for relief in the nature of certiorari

Orders

  • Orders for relief in the nature of certiorari granted as per Short Minutes of Orders initialled and placed with papers