Majak v Rose [2016] NSWCA 278

Majak v Rose [2016] NSWCA 278

No arguable case for interim relief is disclosed on the materials or grounds advanced. The interlocutory orders for stay and ancillary relief are refused as neither the grounds nor submissions identify any jurisdictional error or basis for relief. The Supreme Court is not the correct forum to grant leave for private prosecution under s 338 Crimes Act 1900 (NSW); process in the Local Court remains available.

Parties
Applicant: Zofia Majak; Third Respondent: Alan Wesley Rose
Jurisdiction
Australia
Judgment Date
12 October 2016
Procedural Posture
Notice of Motion in Appellate/supervisory Jurisdiction / Interlocutory Application for Stay and Related Relief
Outcome
Notice of motion dismissed; costs ordered against applicant; proceedings to be listed for directions.
Legal Topics
Costs Orders, Stay of Enforcement, Review of Local/district Court Decisions, Jurisdictional Error, Apprehended Personal Violence Orders (apvo), Private Prosecution for Perjury
Civil Procedure Domestic and Personal Violence Costs Orders Stay of Enforcement Review of Local/district Court Decisions Jurisdictional Error Apprehended Personal Violence Orders (apvo) Private Prosecution for Perjury

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Parties

Zofia Majak

Applicant

Alan Wesley Rose

Third Respondent

Procedural Posture

Notice of Motion in Appellate/supervisory Jurisdiction / Interlocutory Application for Stay and Related Relief

Legal Issues

  1. 1 Whether interim relief (stay of enforcement of costs orders, APVO proceedings, and ancillary relief) should be granted
  2. 2 Whether grounds for review of costs orders made in Local and District Court exist
  3. 3 Jurisdiction of the Local Court to proceed with APVO hearing

Ratio Decidendi

No arguable case for interim relief is disclosed on the materials or grounds advanced. The interlocutory orders for stay and ancillary relief are refused as neither the grounds nor submissions identify any jurisdictional error or basis for relief. The Supreme Court is not the correct forum to grant leave for private prosecution under s 338 Crimes Act 1900 (NSW); process in the Local Court remains available.

Court Disposition

Notice of motion dismissed; costs ordered against applicant; proceedings to be listed for directions.

Orders

  • Notice of motion filed on 5 September 2016 dismissed.
  • Order the applicant pay the respondent's costs of that motion.