Rahman v Riordan [2010] NSWCA 375

Rahman v Riordan [2010] NSWCA 375

The notice of motion had no substance because Allsop P did not err in refusing to set aside or remit the earlier refusal of leave, a single Judge of Appeal could not set aside orders made by two judges of appeal, the challenge based on the referral judge description failed, and the Court had no power to hear an appeal from the orders of Giles JA and Sackville AJA.

Jurisdiction
Australia
Judgment Date
16 December 2010
Procedural Posture
Notice of Motion in Court of Appeal Proceedings / Application to Set Aside Earlier Court of Appeal Orders
Outcome
The notice of motion filed on 15 November 2010 is dismissed with costs.
Legal Topics
['power of a Single Judge of Appeal' 'application for Leave to Appeal' 'setting Aside Court of Appeal Orders' 'referral Judge' 'costs']
['practice and Procedure' 'appellate Procedure'] ['power of a Single Judge of Appeal' 'application for Leave to Appeal' 'setting Aside Court of Appeal Orders' 'referral Judge' 'costs']

Case Brief

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Procedural Posture

Notice of Motion in Court of Appeal Proceedings / Application to Set Aside Earlier Court of Appeal Orders

Legal Issues

  1. 1 ['Whether orders made by Allsop P on 1 November 2010 should be set aside.' 'Whether orders made by Giles JA and Sackville AJA on 23 September 2010 refusing leave to appeal should be set aside.' 'Whether a single Judge of Appeal had power to set aside an order made by two judges of appeal.' 'Whether absence of notice of a direction appointing two judges to hear the leave application invalidated the hearing.' 'Whether the description of Allsop P as a referral judge invalidated his decision.']

Ratio Decidendi

The notice of motion had no substance because Allsop P did not err in refusing to set aside or remit the earlier refusal of leave, a single Judge of Appeal could not set aside orders made by two judges of appeal, the challenge based on the referral judge description failed, and the Court had no power to hear an appeal from the orders of Giles JA and Sackville AJA.

Court Disposition

The notice of motion filed on 15 November 2010 is dismissed with costs.

Orders

  • ['The notice of motion filed on 15 November 2010 is dismissed with costs.']