Downey v Acting District Court Judge Boulton (No 2)

The applicant, Downey, sought to restrain proceedings in the District Court of New South Wales against the respondent, Acting District Court Judge Boulton (No 2). The application was heard by Basten JA of the Supreme Court of New South Wales.

The central legal issue before the Court was whether a single judge of the Court of Appeal possesses the power to restrain proceedings in the District Court, specifically in light of section 46 of the *Supreme Court Act 1970* (NSW).

Basten JA considered the scope of the Supreme Court's powers to restrain proceedings in inferior courts. The matter was ultimately stood over for a hearing by a three-judge Court to determine the question of the single judge's power to grant such relief.