Haley v Daire

The applicant, Haley, sought orders from the Court of Appeal of the Supreme Court of New South Wales, which were brought by way of a Notice of Motion filed on 3 December 2024. The respondents were Daire and others. The core of the dispute concerned the power of a single Judge of Appeal to make the orders sought by the applicant.

The primary legal issue before the Court of Appeal, specifically before Stern JA, was whether the orders sought by the applicant by way of the Notice of Motion were of a nature that could be properly made by a single Judge of Appeal. This involved an examination of the powers vested in a single Judge of the Court of Appeal under the relevant procedural rules and legislation.

Stern JA determined that the orders sought were not within the scope of powers exercisable by a single Judge of Appeal. Consequently, the Notice of Motion filed by the applicant was dismissed. The applicant was also ordered to pay the respondents' costs associated with the motion.