Dyason v Butterworth

Case [2015] NSWCA 52


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Dyason v Butterworth [2015] NSWCA 52
Hearing dates:9 September 2014
Date of orders: 13 March 2015
Decision date: 13 March 2015
Before: McColl JA at [1], Barrett JA at [83], Gleeson JA at [84]
Decision:

(1)Extend the time for commencing the proceedings for judicial review of the District Court decision up to and including 18 March 2014.
(2)Remit the applicant’s appeal against the orders of Magistrate Linden to the District Court for hearing and determination according to law.
(3)No order as to the costs of the proceedings in this Court

Catchwords: ADMINISTRATIVE LAW – judicial review – Local Court grants application for apprehended personal violence order – defendant unsuccessful in appeal to District Court – function of District Court on appeal by way of rehearing from making apprehended personal violence order – 
ADMINISTRATIVE LAW – judicial review – jurisdictional error – whether District Court misapprehended scope of jurisdiction – whether District Court determined whether statutory preconditions for making apprehended personal violence order were satisfied – 
ADMINISTRATIVE LAW – judicial review – jurisdictional error – whether Court of Appeal can review judgments of both District and Local Courts –
Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW)
Criminal Procedure Act 1986
District Court Act 1973 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Allesch v Maunz [2000] HCA 40; (2000) 203 CLR 172
B v Director of Public Prosecutions [2014] NSWCA 232
Bindaree Beef Pty Ltd v Riley [2013] NSWCA 305; (2013) 85 NSWLR 350
Boele v Rinbac Pty Ltd [2014] NSWCA 451
Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403
Charara v R [2006] NSWCCA 244; (2006) 164 A Crim R 39
Colquhoun v District Court of New South Wales [2014] NSWCA 460
Director of Public Prosecutions (Cth) v Ede [2014] NSWCA 282
Director of Public Prosecutions (NSW) v Burns [2010] NSWCA 265
Dyason v Butterworth [2013] FFCA 2067 
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Goodwin v Commissioner of Police [2012] NSWCA 379
Kirk v Industrial Court of New South Wales [2010] HCA 1; (2010) 239 CLR 531
Kirk v Industrial Relations Commission (NSW) [2010] HCA 1; (2010) 239 CLR 531
Lindsay v Health Care Complaints Commission [2010] NSWCA 194
Mahmoud v Sutherland [2012] NSWCA 306
Maviglia v Maviglia [1999] NSWCA 188
McKellar v Director of Public Prosecutions [2011] NSWCA 91
Soulemezis v Dudley (Holdings) Ltd (1987) 10 NSWLR 247
Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61
Toth v Director of Public Prosecutions (NSW) [2014] NSWCA 133
Veness v Hodge [2015] NSWCA 20
Wang v Farkas [2014] NSWCA 29; (2014) 85 NSWLR 390.
Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 88 ALJR 52
Wishart v Fraser [1941] HCA 8; (1941) 64 CLR 470
“V V” v District Court of New South Wales [2013]…

Continue reading Dyason v Butterworth

Sign in free to access the full text

Details
AGLC
Dyason v Butterworth [2015] NSWCA 52
Case
[2015] NSWCA 52
Decision Date

CaseChat Overview and Summary

Dyason v Butterworth concerned an application for judicial review of a decision of the District Court of New South Wales, which had dismissed an appeal against an apprehended personal violence order made by the Local Court. The applicant, the defendant in the apprehended violence proceedings, sought to challenge the District Court's dismissal of his appeal.

The central legal issues before the Court of Appeal were whether the District Court, in hearing an appeal by way of rehearing from an apprehended personal violence order, had misapprehended the scope of its jurisdiction. Specifically, the court was asked to consider whether the District Court had failed to properly determine whether the statutory preconditions for the making of an apprehended personal violence order had been satisfied by the evidence before the Local Court. The Court of Appeal also considered its own jurisdiction to review judgments of both the District and Local Courts in this context.

The Court of Appeal found that the District Court had erred in its approach to the appeal. It held that the District Court, when conducting a rehearing, was required to make its own findings of fact and apply the relevant legal tests to those findings, rather than simply reviewing the Local Court's decision. The court determined that the District Court had misapprehended its appellate function by failing to undertake a full rehearing and determine the statutory preconditions for the apprehended personal violence order itself.

Consequently, the Court of Appeal extended the time for the judicial review proceedings and remitted the applicant's appeal against the original apprehended personal violence order back to the District Court for a proper hearing and determination according to law. No order was made as to the costs of the proceedings in the Court of Appeal.

Orders

Orders of the court

(1)Extend the time for commencing the proceedings for judicial review of the District Court decision up to and including 18 March 2014.

(2)Remit the applicant’s appeal against the orders of Magistrate Linden to the District Court for hearing and determination according to law.

(3)No order as to the costs of the proceedings in this Court

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.