10 Sept 2010
CHILD POVERTY ACTION GROUP INCORPORATED (CPAG) V THE ATTORNEY-GENERAL HC WN CIV-2009-404-273
- Citation
- openlaw-e49eaab3_f526_43fe_81a6_2b903c15425a.pdf
- Court
- High Court
The recall application was dismissed: Mallon J concluded Howard did not directly overrule or render his earlier jurisdictional judgment void, Howard left open material questions about waiver and the court's discretionary response to jurisdictional points, the Tribunal had notice and did not intervene and by its conduct waived or did not assert a jurisdictional objection, and it would be inappropriate to recall a judgment relied upon by a party where the contrary view relied on in Howard was obiter and left open issues.