When the Court of Appeal strikes out an appeal for want of prosecution and 'confirms' the orders below under s 37O(1)(a) of the Supreme Court Act 1933 (ACT), the confirmation is merely a statement that the orders remain valid and in force — it is not a substantive endorsement of their correctness. An application to set aside a judgment ex debito justitiae that duplicates matters already pending before another judge constitutes an abuse of process.
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