Majak v Rose (No 3) [2017] NSWCA 104

Majak v Rose (No 3) [2017] NSWCA 104

The correction of the court record was not a variation but an administrative correction reflecting orders made by consent; procedural fairness was given. No jurisdictional error or denial of procedural fairness was established in District Court and Local Court proceedings, appeals, or costs orders. Applications for review and relief were unsupported and misconceived; all grounds fail.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Judicial Review / Court of Appeal, Post Judgment Review
Outcome
Amended Summons dismissed with costs
Legal Topics
['declaratory Relief' 'judicial Review' 'apprehended Domestic Violence Order (advo)' 'correction of Court Record' 'costs Orders' 'jurisdictional Error' 'procedural Fairness']
['administrative Law'] ['declaratory Relief' 'judicial Review' 'apprehended Domestic Violence Order (advo)' 'correction of Court Record' 'costs Orders' 'jurisdictional Error' 'procedural Fairness']

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Procedural Posture

Judicial Review / Court of Appeal, Post Judgment Review

Legal Issues

  1. 1 ['Whether correction of court record of an ADVO without application for variation is jurisdictional error' 'Whether appeal against extension of ADVO involved jurisdictional error or denial of procedural fairness' 'Whether appeal against costs order and granting costs on indemnity basis involved jurisdictional error or failure to address submissions' 'Whether the proceedings to extend ADVO were commenced without proper application and outside jurisdiction of Local Court']

Ratio Decidendi

The correction of the court record was not a variation but an administrative correction reflecting orders made by consent; procedural fairness was given. No jurisdictional error or denial of procedural fairness was established in District Court and Local Court proceedings, appeals, or costs orders. Applications for review and relief were unsupported and misconceived; all grounds fail.

Court Disposition

Amended Summons dismissed with costs

Orders

  • ['Amended Summons dismissed' "Applicant to pay respondent's costs of the proceedings"]