Mahmoud v Sutherland [2011] NSWCA 66

Mahmoud v Sutherland [2011] NSWCA 66

The Court found no error of law in Judge King's decision dismissing the notice of motion of 11 October 2010, and the applicant failed to establish that Judge King erred in failing to deal with the motion of 14 September 2010.

Jurisdiction
Australia
Judgment Date
18 March 2011
Procedural Posture
Judicial Review Application / Court of Appeal Determination
Outcome
Summons dismissed. Applicant to pay respondent's costs.
Legal Topics
['prerogative Relief' 'error of Law' 'judicial Review' 'apprehended Personal Violence Order']
['administrative Law'] ['prerogative Relief' 'error of Law' 'judicial Review' 'apprehended Personal Violence Order']

Case Brief

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Procedural Posture

Judicial Review Application / Court of Appeal Determination

Legal Issues

  1. 1 ['Whether dismissal of notice of motion constituted error of law' 'Whether applicant entitled to have unresolved notice of motion determined']

Ratio Decidendi

The Court found no error of law in Judge King's decision dismissing the notice of motion of 11 October 2010, and the applicant failed to establish that Judge King erred in failing to deal with the motion of 14 September 2010.

Court Disposition

Summons dismissed. Applicant to pay respondent's costs.

Orders

  • ['The summons is dismissed.' "The applicant is to pay the respondent's costs."]