Marriner v Smorgon

The case of *Marriner v Smorgon* concerned an appeal to the High Court of Australia. The appellant, David Wellesley Marriner, argued that a warrant issued for his arrest on 18 February 1988 was unlawful and lacked any factual or legal basis. He contended that his arrest and detention were the result of an error by the opposing legal team and potentially the court. The appellant sought to rectify this error and correct the court's record.

The legal issues before the court included the validity of the arrest warrant and the subsequent detention of the appellant. The appellant also sought to appeal decisions made by lower courts, specifically an order by Mr Justice King who issued the warrant, and an order by Chief Justice Young dismissing a summons to set aside that warrant. Leave to extend time for appeal was granted in relation to these matters.

The appellant's submissions focused on the chronology of events leading to the warrant's issuance. He highlighted an ex parte injunction granted on 17 February 1988, which restrained the Marriners and their builder from trespassing. The appellant contended that the copy of this order served did not contain the required endorsement as per the rules of court. He further detailed observations of work on the site, including the digging of post and fence holes, and an encroachment onto adjacent property, which occurred after the injunction was purportedly communicated to the parties involved. The appellant argued that these events, coupled with the procedural deficiencies, demonstrated the unlawfulness of the warrant.