WENTWORTH v GRAHAM & ANOR [2003] NSWCA 104
The Court declined to exercise its discretion to review and set aside the interlocutory judgment of Santow JA. Issues sought to be raised by the applicant, specifically recusal and admissibility of evidence, were not suitable for review at this stage as the proper course was for such matters to be dealt with by the judges seized of the substantive hearing, or in a final appeal if necessary.
- Jurisdiction
- Australia
- Judgment Date
- 23 April 2003
- Procedural Posture
- Notice of Motion / Application for Discharge of Judgment; Interlocutory Stage
- Outcome
- Notice of Motion dismissed
- Legal Topics
- ['discharge of Judgment' 'recusal of Judge' 'admissibility of Evidence' 'review of Interlocutory Decisions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Notice of Motion / Application for Discharge of Judgment; Interlocutory Stage
Legal Issues
- 1 ['Whether the Court should exercise its discretion to discharge and set aside the judgment and order made by Santow JA on 10/12/02' 'Whether issues regarding recusal and admissibility of evidence should be determined by way of review at this interlocutory stage']
Ratio Decidendi
The Court declined to exercise its discretion to review and set aside the interlocutory judgment of Santow JA. Issues sought to be raised by the applicant, specifically recusal and admissibility of evidence, were not suitable for review at this stage as the proper course was for such matters to be dealt with by the judges seized of the substantive hearing, or in a final appeal if necessary.
Court Disposition
Notice of Motion dismissed
Orders
- ['Notice of Motion is dismissed']
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