Markisic v Vizza

The proceeding concerned an application by Markisic seeking to review a decision of the Registrar. The central question before Giles JA in the Court of Appeal was whether the Court of Appeal possessed the power to grant prerogative relief against a judge of that same court, or alternatively, to deal with other procedural matters arising from the case.

The primary legal issue was the jurisdiction of the Court of Appeal to entertain an application for prerogative relief directed at one of its own judges. This involved considering the nature of prerogative relief and the established boundaries of appellate court powers in relation to judicial officers within their own hierarchy.

Giles JA determined that the Court of Appeal did not have the power to grant prerogative relief against one of its own judges. His Honour reasoned that such a power was not conferred by the relevant legislation and would be an inappropriate exercise of the court's appellate functions. Consequently, the notice of motion seeking such relief was dismissed.

The court made specific orders regarding future applications. It directed that any application for an extension of time to appeal, or for leave to appeal and an extension of time, must be filed within 21 days. These applications were to be heard by the Registrar, and the costs of the application before Giles JA were reserved for determination by the court that ultimately heard the substantive summons and any associated appellate applications.