DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 3) [2010] NSWCA 50

DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 3) [2010] NSWCA 50

The applicant failed to demonstrate a reasonably arguable case that Judge Boulton's appointment was invalid; neither residence in the State nor pressing necessity was shown to be a legal requirement or sufficiently supported by evidence. The interlocutory application was dismissed and costs awarded to the second respondent.

Parties
Applicant: Ruth Downey; First Respondent: Acting District Court Judge Boulton; Second Respondent: Royal Society for the Prevention of Cruelty to Animals; Third Respondent: District Court of New South Wales; Fourth Respondent: State of New South Wales
Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Motion for Interlocutory Relief / Application for Restraint and Costs
Outcome
Motion dismissed
Legal Topics
Appointment of Acting Judge, Restraint of Proceedings, Balance of Convenience, Judicial Power
Constitutional Law Civil Procedure Appointment of Acting Judge Restraint of Proceedings Balance of Convenience Judicial Power

Case Brief

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Parties

Ruth Downey

Applicant

Acting District Court Judge Boulton

First Respondent

Royal Society for the Prevention of Cruelty to Animals

Second Respondent

District Court of New South Wales

Third Respondent

State of New South Wales

Fourth Respondent

Procedural Posture

Motion for Interlocutory Relief / Application for Restraint and Costs

Legal Issues

  1. 1 Whether Judge Boulton's appointment as an acting judge was valid
  2. 2 Whether restraint of District Court proceedings should be granted pending appeal
  3. 3 Whether residence in the State was a condition of valid appointment

Ratio Decidendi

The applicant failed to demonstrate a reasonably arguable case that Judge Boulton's appointment was invalid; neither residence in the State nor pressing necessity was shown to be a legal requirement or sufficiently supported by evidence. The interlocutory application was dismissed and costs awarded to the second respondent.

Court Disposition

Motion dismissed

Orders

  • Dismiss the motion.
  • Applicant to pay the second respondent's costs of the proceedings in this Court seeking to restrain, on an interlocutory basis, the District Court as constituted by Judge Boulton from proceeding to hear the applicant's appeal.