Croker v Challoner

The Court of Appeal of New South Wales, comprising Mason P, Powell and Fitzgerald JJA, considered a motion to review a decision of a single judge of the Court of Appeal. The parties involved were Croker and Challoner.

The central legal issue before the Court of Appeal was the nature of a hearing to review a decision of a single judge of that court. Specifically, the Court was required to determine the threshold that must be met for such a review to be successful.

The Court of Appeal held that a review of a single judge's decision is not a fresh hearing of the appeal. Instead, the decision of the single judge must be shown to be "clearly wrong" for the review to succeed. The Court found that no question of principle arose in this instance, and therefore the motion was dismissed.