Wallin v Tiernan

[1999] NSWCA 353

CITATION:	Wallin v Tiernan [1999] NSWCA 353
FILE NUMBER(S):	CA 40969/98
HEARING DATE(S):	20 August 1999
JUDGMENT DATE:	20 August 1999
PARTIES :	Graham and Paula Wallin v Roderick Tiernan
JUDGMENT OF:	Meagher JA at 1; Sheller JA at 1; Davies AJA at 1

LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S) :	97/32/0188; 97/32/0193; 98/32/0052
LOWER COURT JUDICIAL OFFICER:	Job DCJ

COUNSEL:	Appellant: self Respondent: self
SOLICITORS:	Appellant: self Respondent: self
CATCHWORDS:	Apprehended violence order - revocation by both parties - Court ought not intervene.
DECISION:	Appeal dismissed with costs.

- 1 -

-THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA: 40969/98

MEAGHER JA
STEIN JA
DAVIES AJA

Friday 20 August 1999

WALLIN v TIERNAN

JUDGMENT

1   MEAGHER JA: The Claimant(s), Mr and Mrs Wallin, and the opponent Dr Tiernan, were next-door neighbours at Lake Macquarie. 2   Relations between them grew very sour when Dr Tiernan started to erect a house on his land; indeed, so sour that orders of apprehended violence were taken out before a Local Court, by Mrs Wallin and her son against Dr Tiernan, and by Dr Tiernan against Mrs Wallin. This was followed, almost simultaneously, by a settlement between the parties and by application to the District Court to revoke the Apprehended Violence Orders. These applications were heard before His Honour Judge Job, who in effect granted each application. 3   He found that neither side reasonably apprehended any violence from the other. 4   Application is now made by Mrs Wallin for leave to appeal against Judge Job’s order. Such leave will be refused. This Court ought not be involved in petty wrangles between neighbours. 5   Summons dismissed with costs.