DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 2) [2010] NSWCA 49

DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 2) [2010] NSWCA 49

A single Judge is not empowered to make the order sought; such orders must be made by a three-Judge Court of Appeal.

Jurisdiction
Australia
Judgment Date
15 March 2010
Procedural Posture
Appeal / Interlocutory Application Before Single Judge of Appeal
Outcome
Matter stood over for hearing by a three judge Court at a time to be fixed.
Legal Topics
['restraint of Proceedings' 'powers of Court' 'power of Single Judge of Appeal' 'interlocutory Injunction or Prohibition' 'leave to Appeal From Interlocutory Decision']
['civil Procedure'] ['restraint of Proceedings' 'powers of Court' 'power of Single Judge of Appeal' 'interlocutory Injunction or Prohibition' 'leave to Appeal From Interlocutory Decision']

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Procedural Posture

Appeal / Interlocutory Application Before Single Judge of Appeal

Legal Issues

  1. 1 ['Whether a single Judge of Appeal possesses power to restrain proceedings in District Court' 'Whether the Court can stay proceedings in the District Court']

Ratio Decidendi

A single Judge is not empowered to make the order sought; such orders must be made by a three-Judge Court of Appeal.

Court Disposition

Matter stood over for hearing by a three judge Court at a time to be fixed.

Orders

  • ['Matter stood over for hearing by a three judge Court at a time to be fixed.']