Carruthers v Griffis

[2000] NTSC 11

Carruthers v Griffis [2000] NTSC 11

PARTIES:FIONA JOY CARRUTHERS

and

SHANE JOHN GRIFFIS

TITLE OF COURT:  SUPREME COURT OF THE NORTHERN TERRITORY

JURISDICTION:  SUPREME COURT OF THE NORTHERN TERRITORY EXERCISING TERRITORY JURISDICTION

FILE NO:JA84 OF 1999 (9919654)

DELIVERED:  15 March 2000

HEARING DATES:  18 February 2000

JUDGMENT OF:  MILDREN J

CATCHWORDS:

REPRESENTATION:

Counsel:

Appellant:J Lawrence

Respondent:  In person

Solicitors:

Appellant:Domestic Violence Legal Help

Respondent:  

Judgment category classification:    B

Judgment ID Number:  

Number of pages:  24        

THE SUPREME COURT
OF THE NORTHERN TERRITORY
OF AUSTRALIA
AT DARWIN

Carruthers and Griffis  [2000] NTSC 11

No. JA84 of 1999 (9919654)

BETWEEN:

FIONA JOY CARRUTHERS

Appellant

AND:

SHANE JOHN GRIFFIS

Respondent

CORAM:  MILDREN J

REASONS FOR JUDGMENT

(Delivered 15 March 2000)

MILDREN J

1. This is an appeal from an order made by the Court of Summary Jurisdiction constituted by a Magistrate dismissing an application by the appellant for a restraining order under s4 of the Domestic Violence Act.

   Does an appeal lie?

2. It was submitted by the respondent that no appeal lies to this Court from such an order.  The Domestic Violence Act does not specifically provide, as one might expect, for applications to be made in accordance with a particular form, or in accordance with the regulations or rules of Court, by lodging the same with the Clerk of the Court of Summary Jurisdiction. Rather, that seems to be assumed by the wording of s4 of the Act as, once the application is brought on for hearing, the Court (which is defined by s3(1) to be the Court of Summary Jurisdiction) clearly has jurisdiction under s4 to make the order sought. The Act is also silent on the question of whether or not an appeal lies. Mr Lawrence for the appellant, submitted that an appeal lay to this Court by virtue of s163(1) of the Justices Act which provides:

   163    Right of appeal to Supreme Court

   (1)     A party to proceedings before the Court may appeal to the Supreme Court from a conviction, order or adjudication of the Court (including a conviction of a minor indictable offence but not including an order dismissing a complaint of an offence), on a ground which involves -

   (a)     sentence; or

   (b)     an error or mistake, on the part of the Justices whose            decision is appealed against, on a matter or question of        fact alone, or a matter or question of law alone, or a          matter or question of both fact and law,

   as hereinafter provided, in every case, unless some Special Act expressly declares that such a conviction, order, or adjudication shall be final or otherwise expressly prohibits an appeal against it.

   Mr Griffis, who appeared in person, submitted that no appeal lay, as there is no appeal from an order dismissing a complaint of an offence, but it is plain that an order dismissing an application under the Domestic Violence Act is not "a complaint of an offence", but is an "order" within s163(1).  Clearly Mr Lawrence is correct and an appeal does lie.

   Are…