A married man who had been ordered in January to take a paternity test by a Magistrates' Court judge, won an appeal in Supreme Court yesterday.

Defence lawyer Craig Attridge told the appeals court that a Magistrate has no power to make the order, but he can give direction on paternity tests.

The order came about because a couple had been suspected of marrying for convenience and the judge wanted to verify the paternity of the child.

Ren?e Foggo, for the respondent, told the court that Child and Family Services did not request the paternity tests, but that under the existing legislation the Magistrate has the right to make the order.

Chief Justice Austin Ward said the Magistrate should not have made the order: "An application must be made to the Magistrate, he can not say 'I want to find out' - as they are married and this proves legitimacy."

Mr. Justice Ward said: "The appeal is allowed, the respondent never requested and the Magistrate had no right to give it as the order was not applied for."