31 Mar 2009
ER V FR AND ANOR HC WANG CIV-2008-483-33
- Citation
- openlaw-f01eb4aa_42a2_4d89_8235_56d618dfdf7c.pdf
- Court
- High Court
The High Court allowed the appeal: (1) s10A appointments stand separate from s10 and successive two‑year reappointments under s10A are lawful so the s10 four‑year aggregate limit does not apply to s10A appointees; (2) systemic challenges to appointment technicalities are generally for judicial review and not appropriately resolved on appeal without evidentiary foundation; (3) although a re‑swearing of the judicial oath is required on new acting appointments, the de facto officer doctrine validates the Judge's acts where failure to re‑swear caused no unfairness; (4) no breach of judicial indep…