Scope of orders available on judicial review

 In the exercise of the Court’s supervisory jurisdiction, the Court is not limited to granting only that kind of relief which might have been available under the prerogative writs. The Court can make an order not merely quashing the determination of the court...

Variation of orders

PRODEDURE – application for variation of orders made on appeal – where appeal court awarded damages contingently assessed by trial judge – back-dating of judgment – pre-judgment interest – indemnity costs – Uniform Civil Procedure Rules 2005 (NSW)...

Power to vary orders

  Atkinson v Independent Commission Against Corruption [2016] NSWCA 194 4…the Court has power to vary its orders pursuant to r 36.16(3A) of the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR). Whilst conceding the availability of the power to vary, the...

Appeals are against orders not reasons

TriCare (Hastings) Limited v Allen [2015] NSWCA 344 10 It is well established that a “judgment or order” in the context of s 101(1)(a) of the Supreme Court Act refers to an operative judicial act, i.e., the formal judgment or order which when entered is binding on the...