The Court of Appeal has jurisdiction to entertain proceedings for prerogative relief against decisions of Supreme Court judges in a Division, by virtue of ss 44 and 48(2)(j) of the Supreme Court Act 1970 (NSW). Substantive objections to the competency of such proceedings should not be determined by a single judge preventing the proceedings from being commenced. The question whether the supervisory jurisdiction extends to non-judicial decisions of Supreme Court judges, potentially engaging Kirk principles, was left open for determination by three judges.
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