A review under s 46(4) of the Supreme Court Act 1970 (NSW) is incompetent where the order sought to be reviewed did not affect the final result, particularly where the underlying motion was dismissed on its merits. An order under UCPR r 10.6(2) recognising service may not constitute an 'order' engaging s 46(4) because the rule merely reflects the common law position. Challenges to orders of courts other than the Court of Appeal must be brought by summons seeking leave to appeal, not by notice of motion in existing proceedings, and must identify with precision the orders and grounds of challenge.
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