Majumdar v Director of Public Prosecutions (NSW)

The applicant, Majumdar, sought to appeal a decision of the District Court of New South Wales concerning an apprehended violence order (AVO). The dispute centred on whether the Local Court retained jurisdiction to vary or revoke an AVO after its expiry, and the subsequent appeal process in the District Court. The Court of Appeal of New South Wales was asked to review the District Court's decision.

The primary legal issue before the Court of Appeal was whether the District Court had erred in law by upholding the Local Court's finding that it lacked jurisdiction to hear an application to revoke an AVO once the AVO itself had expired. This involved the interpretation of the word "revoke" within the context of the *Crimes (Domestic and Personal Violence) Act 2007* (NSW). Further issues concerned whether the District Court had failed to consider the revocation application, prevented the applicant from tendering evidence, and whether these actions constituted a jurisdictional error or a breach of procedural fairness.

The Court of Appeal reasoned that the statutory scheme contemplated that an application to revoke an AVO must be heard and determined during the currency of the order. Once the AVO expired, the Local Court's jurisdiction to revoke it ceased. The Court found that the District Court, in its appellate capacity, had correctly applied this interpretation of the statute and therefore had not erred in law. The applicant's arguments regarding procedural fairness and the District Court's handling of the appeal were also dismissed as not establishing a jurisdictional error.

The Court of Appeal dismissed the summons filed by the applicant and ordered the applicant to pay the first respondent's costs.