Majak v Rose (No 8)

The applicant, Majak, sought judicial review of a decision of the District Court of New South Wales, which had dismissed an appeal from a ruling of the Local Court. The Local Court had made an apprehended personal violence order against the applicant. The applicant also sought review of the District Court's order awarding costs to the respondent, Alan Wesley Rose. The proceedings were before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the District Court's decision to dismiss the applicant's appeal from the Local Court, and its subsequent order for costs, involved a jurisdictional error. This required the Court to consider the scope of the supervisory jurisdiction of the Supreme Court, as conferred by section 69 of the *Supreme Court Act 1970* (NSW), in relation to decisions made by the District Court on appeal from the Local Court.

The Court of Appeal found that the District Court's decision did not involve jurisdictional error. The Court reasoned that the District Court had exercised its appellate jurisdiction correctly and had not made any error that would vitiate its jurisdiction. Consequently, the Court of Appeal dismissed the applicant's amended summons. The Court also ordered that the applicant pay the costs of the first respondent in the proceedings before the Court of Appeal.