Hampson v Maleski

The proceedings involved an appeal by Donald Hampson against an interlocutory decision made by an Associate Judge in a matter against Nadine Maleski. The appeal was brought before the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the proceedings had been wrongly instituted in that court, and if so, what the appropriate course of action should be, particularly in light of rule 49.4 of the Uniform Civil Procedure Rules and section 51(2) of the Supreme Court Act 1970.

The Court of Appeal determined that the proceedings had indeed been wrongly instituted in the Court of Appeal. Applying the relevant legislative provisions, the Court ordered that the proceedings be remitted to the appropriate division of the Supreme Court.

Accordingly, the Court ordered the remitter of the proceedings, Donald Hampson v Nadine Maleski CA 2014/51000, to the Common Law Division of the Supreme Court.