New South Wales Repealed Acts

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 136

136 Action for act done without or in excess of jurisdiction

(1) An action against a Justice for an act done by the Justice in a matter of which by law he or she has not jurisdiction, or in which he or she has exceeded his or her jurisdiction, may be maintained by any person injured by such act or by any act done under any conviction or order made, or any warrant issued by such Justice in such matter, in the same case as such an action might have been maintained before the passing of this Act.

(2) In such an action it shall not be necessary to allege that the act was done maliciously and without reasonable and probable cause.

(3) No such action shall be brought:

(a) for anything done under such conviction or order until after such conviction or order has been quashed upon appeal or upon application to the Supreme Court,

(b) for anything done under any warrant issued by the Justice to procure the appearance of such person if such warrant has been followed by a conviction or order in the same matter until after such conviction or order has been quashed on appeal or on application to the Supreme Court,

(c) for anything done under any warrant issued by the Justice to procure the appearance of such person if:

(i) such warrant has not been followed by a conviction or order in the same matter, or

(ii) such warrant was upon an information for an alleged indictable offence and a summons had been issued previously to such warrant and duly served, and such person had not appeared according to the exigency thereof.