Archive for order

What is an “order”

Nash v Silver City Drilling (NSW) Pty Ltd [2017] NSWCA 100
  1. In written submissions, the respondent relied squarely upon the judgment of this Court in Director of Public Prosecutions (NSW) v Roslyndale Shipping Pty Ltd. [1] The respondent referred in particular to the statement by Spigelman CJ that “[i]n its natural and ordinary meaning, the word ‘order’ would not encompass a refusal to make an order.” For that proposition, the Chief Justice relied upon the reasoning of Fullagar J in The King v Blakeley; Ex parte the Association of Architects, Engineers, Surveyors and Draftsman of Australia, and of Lord Herschell in Boulter v Kent Justices.