Pi v Zhou [2016] NSWCA 24

Pi v Zhou [2016] NSWCA 24

The orders of a Supreme Court judge are not amenable to judicial review under s 69 of the Supreme Court Act 1970 (NSW). The application by Mr Pi was misconceived, and summary dismissal was warranted as there was a high degree of certainty that the proceedings could not succeed.

Jurisdiction
Australia
Judgment Date
02 March 2016
Procedural Posture
Judicial Review / Application for Summary Dismissal
Outcome
Summons dismissed
Legal Topics
['judicial Review' 'summary Dismissal' 'supervisory Jurisdiction' 'vexatious Proceedings']
['administrative Law' 'civil Procedure'] ['judicial Review' 'summary Dismissal' 'supervisory Jurisdiction' 'vexatious Proceedings']

Case Brief

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Procedural Posture

Judicial Review / Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether the summons seeking review pursuant to s 69 Supreme Court Act 1970 (NSW) is maintainable against orders of a Supreme Court judge' 'Whether proceedings are frivolous, vexatious or an abuse of process and amenable to summary dismissal']

Ratio Decidendi

The orders of a Supreme Court judge are not amenable to judicial review under s 69 of the Supreme Court Act 1970 (NSW). The application by Mr Pi was misconceived, and summary dismissal was warranted as there was a high degree of certainty that the proceedings could not succeed.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed' "Plaintiff to pay the defendants' costs of the summons"]