Saltalamacchia v Parsons [2000] VSCA 83
[2000] VSCA 83
At a glance
Source factsCourt
Court of Appeal (Vic)
Decision date
2000-05-15
Before
PHILLIPS, CHARLES and BUCHANAN, JJ.A.
Source
Original judgment source is linked above.
Judgment (12 paragraphs)
- The application was thus not one made by a disgruntled litigant against its opponent, nor was it an application at the instance of the Attorney-General or the Director of Public Prosecutions, both of whom have independent functions to perform. This application, made in the Trial Division, was by the court's own officer and as such was properly regarded as the court itself acting in the matter. In those circumstances, whether or not a right of appeal is otherwise created by s.17(2) even after acquittal for contempt (as to which I express no opinion) it is, I think, particularly difficult to see how there can be any right of appeal from the dismissal of this application at first instance. If, as I have said, the court is acting of its own motion in making the application in the first place, albeit by means of the Prothonotary, can it be said that the court itself can appeal to itself, as it were (even if in another division) when the court has decided that no contempt has been committed? Suffice it to say that as at present advised I see some difficulty in giving an affirmative answer to that question in the absence of any provision specifically making that right of appeal plain. But I pass that by because in my opinion, even if competent, this appeal fails on the merits.