Fiona Austin v Detective Trent Dwyer & Anor(according to the Schedule attached)

The case of Fiona Austin versus Detective Trent Dwyer and another concerns the application for leave to appeal from an order of the primary judge that dismissed an application for judicial review of interim orders made by a magistrate under the Personal Safety Intervention Orders Act 2010. The applicant, Fiona Austin, sought to challenge the interim orders made by the magistrate through judicial review, arguing that the magistrate had made a reviewable error in making the orders. The primary judge dismissed the application for judicial review, and the applicant sought leave to appeal from that order.

The legal issues that the court was required to decide in this case were whether the primary judge's order dismissing the application for judicial review was reviewable and whether the applicant's proposed grounds of appeal had merit. The applicant argued that the primary judge had made an error in law by failing to properly consider the merits of the application for judicial review and that the primary judge had failed to properly consider the evidence before him. The respondent argued that the primary judge's order was correct and that the applicant's proposed grounds of appeal had no merit.

The court found that the primary judge's order dismissing the application for judicial review was not reviewable as it was not a decision that was made under an enactment and did not affect the applicant's rights or interests in a legal or equitable sense. The court also found that the applicant's proposed grounds of appeal had no merit as the primary judge had properly considered the merits of the application for judicial review and had properly considered the evidence before him. The court found that the primary judge's order was correct and that the application for leave to appeal should be refused. In a subsequent proceeding, the court also found that the applicant's appeal from the County Court judge's order striking out the appeal from the magistrate's order had no merit and dismissed the judicial review proceeding.

In conclusion, the court found that the primary judge's order dismissing the application for judicial review was correct and that the applicant's proposed grounds of appeal had no merit. The application for leave to appeal was refused, and the judicial review proceeding was dismissed. The court found that the primary judge had properly considered the merits of the application for judicial review and had properly considered the evidence before him. The applicant's appeal from the County Court judge's order striking out the appeal from the magistrate's order was also dismissed as having no merit.