Downey v Acting District Court Judge Boulton (No 1)

The applicant, Downey, sought leave to appeal and orders concerning the preparation of a matter for hearing in the Court of Appeal of New South Wales. The proceedings involved the Acting District Court Judge Boulton, and by extension, the District Court of New South Wales and the State of New South Wales were also brought into the matter. The core of the dispute revolved around directions for the efficient and proper conduct of the appeal, particularly in relation to the service of a notice of constitutional issue.

The primary legal issues before the Court of Appeal were whether to grant the applicant leave to amend its summons, whether to join the District Court and the State of New South Wales as parties, and what directions were necessary for the preparation of the matter for hearing, including the filing and service of affidavits and responses to a notice under section 78B of the Judiciary Act 1903 (Cth). The court also had to determine the appropriate orders regarding the costs of the proceedings.

Basten JA, in considering the application, granted leave to the applicant to file and serve an amended summons. The court also ordered that the District Court of New South Wales and the State of New South Wales be added as parties to the proceedings. Directions were given for the applicant to file and serve an affidavit detailing steps taken concerning the filing and service of, and responses to, a notice under section 78B of the Judiciary Act 1903 (Cth), and for the respondents to file and serve their material. The costs of the day were made costs in the proceedings, with liberty to apply granted to the parties.