Rahman v Riordan [2010] NSWCA 288

A single judge of the Court of Appeal has no power to set aside orders made by a properly constituted bench; the proper avenue for challenge is an application for special leave to the High Court.

Jurisdiction: Australia
Judgment Date: 01 November 2010
Procedural Posture: Notice of Motion / Post Dismissal Application in Appellate Court
Outcome: Notice of motion dismissed with costs.
Legal Topics: ['appellate Jurisdiction' 'setting Aside Court Orders' 'leave to Appeal']

['civil Procedure'] ['appellate Jurisdiction' 'setting Aside Court Orders' 'leave to Appeal']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Notice of Motion / Post Dismissal Application in Appellate Court

Legal Issues

1 ['Does a single judge of appeal have authority to set aside orders made by a constituted bench of the Court of Appeal?' 'Is there any material justifying remitting the matter to the earlier bench for reopening?']

Ratio Decidendi

A single judge of the Court of Appeal has no power to set aside orders made by a properly constituted bench; the proper avenue for challenge is an application for special leave to the High Court.

Court Disposition

Notice of motion dismissed with costs.

Orders

['Notice of motion dismissed' 'Applicant to pay costs']