Fleet v Royal Society for the Prevention of Cruelty to Animals NSW & Ors

[2008] NSWCA 227

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Jurisdiction
4. › Case stated
5. › Whether statutory or general law provision entitled party to bring case stated in Court of Appeal to review interlocutory decisions of Supreme Court
6. › Supreme Court Act 1970 (NSW), ss 19, 101(2)(e)
7. › Civil Procedure Act 2005 (NSW), Sch 3 cl 4
1. Practice and Procedure
2. › Abuse of process
3. › Attempt to circumvent leave requirement
4. › Where party seeks to challenge interlocutory decisions without obtaining leave to appeal
5. › Whether proceedings an abuse of process
6. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Prerogative relief
3. › Whether one judge of Supreme Court may issue prerogative relief against another judge of Supreme Court
1. Practice and Procedure
2. › Court of Appeal
3. › Review of single judge's decision
4. › Application under s 46(4) Supreme Court Act 1970 (NSW)
5. › Whether applicant pointed to error in decision

Quick Take

A 'case stated' is not available as a procedure to challenge interlocutory decisions made in a Division of the Supreme Court in the Court of Appeal. The only mechanism for reviewing such decisions is an application for leave to appeal under s 101(2)(e) of the Supreme Court Act 1970 (NSW). Attempting to use alternative procedural vehicles to circumvent the leave requirement constitutes an abuse of process.