Recent Cases

Majumdar v Director of Public Prosecutions (NSW) [2024] NSWCA 117 (20 May 2024) (Gleeson, Mitchelmore and Adamson JJA)


Catchwords:


CRIME — Apprehended violence orders — Variation or revocation — Where application to revoke AVO filed prior to expiry of order but heard in Local Court after order had expired — Whether Local Court had jurisdiction to vary or revoke AVO once order had expired

STATUTORY INTERPRETATION — Meaning of word “revoke” — Application to revoke final AVO made under Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 73

CIVIL PROCEDURE — Jurisdiction — Judicial review — Where applicant has no right of appeal from District Court decision — Application to invoke Court of Appeal’s supervisory jurisdiction — Whether jurisdictional error established — Whether District Court misconstrued the relevant statute thereby misconceiving the extent of its powers on appeal in a criminal matter

APPEALS — Procedural fairness — Whether District Court failed to consider revocation application — Whether District Court prevented applicant from tendering evidence — Whether “legitimate expectations” doctrine applies