NSW Caselaw
New South Wales Court of Appeal
CITATION: DOWNEY v ACTING DISTRICT COURT JUDGE BOULTON (NO 2) [2010] NSWCA 49
HEARING DATE(S): 15 March 2010
JUDGMENT DATE: 15 March 2010
JUDGMENT OF: Basten JA at 1
EX TEMPORE JUDGMENT DATE: 15 March 2010
DECISION: Matter stood over for hearing by a three judge Court at a time to be fixed.
CATCHWORDS: APPEAL – civil – procedure – restraint of proceedings – powers of Court – whether single judge of appeal possesses power to restrain proceedings in District Court – Supreme Court Act 1970 (NSW), s 46
LEGISLATION CITED: Civil Procedure Act 2005 (NSW), s 67 Supreme Court Act 1970 (NSW), ss 43, 46, 48
CATEGORY: Procedural and other rulings
CASES CITED: Gill v Walton (1991) 25 NSWLR 190 Walton v Gardiner [1993] HCA 77; 177 CLR 378
Ruth Downey - Applicant Acting District Court Judge Boulton - First Respondent PARTIES: Royal Society for the Prevention of Cruelty to Animals - Second Respondent District Court of New South Wales - Third Respondent State of New South Wales - Fourth Respondent
FILE NUMBER(S): CA 2010/22284
COUNSEL: P E King - Applicant R F Sutherland/M Castle - Second Respondent
Sam Hegney Solicitors - Applicant SOLICITORS: Ms Shanks - Crown Solicitor's Office - First and Fourth Respondents Smythe Wozniak - Second Respondent
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2010/22284
BASTEN JA
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