Basten JA held that a single judge of the NSW Court of Appeal does not possess power under s 46 of the Supreme Court Act 1970 (NSW) or s 67 of the Civil Procedure Act 2005 (NSW) to grant an interlocutory stay of proceedings in the District Court, as such an order is in the nature of an injunction or prohibition directed to another court and must be made by a three-judge bench under s 48 of the Supreme Court Act. The matter was stood over for hearing by a properly constituted Court of Appeal.
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