Makucha v Sydney Water Corporation

In *Makucha v Sydney Water Corporation*, the Court of Appeal of New South Wales considered an appeal brought by Paul Makucha against Sydney Water Corporation. The proceedings at first instance had been challenged by Mr Makucha on the basis that the judge had not sworn the necessary oaths.

The central legal issue before the Court of Appeal was whether the proceedings at first instance were invalid due to the alleged failure of the judge to take the required oaths. This question necessitated an examination of the legal validity of judicial acts in circumstances where procedural formalities might not have been strictly adhered to.

Barrett JA determined that there was no viable ground of appeal. The court applied the principle that judicial acts are generally presumed to be valid, and that a failure to swear oaths does not automatically invalidate those acts, particularly in the absence of any prejudice to the parties. The court found that the challenge lacked merit and that the appeal should be summarily dismissed.

Consequently, the Court of Appeal ordered the dismissal of Mr Makucha's summons seeking leave to appeal, his notice of motion filed on 21 August 2011, and the appeal intended to be initiated by his points of appeal filed on 4 March 2013. Further, the notice of motion filed by Mr Makucha on 31 January 2013 was also dismissed. Mr Makucha was ordered to pay the costs of Sydney Water Corporation in the Court of Appeal.