Wentworth v Graham

Case

[2002] NSWCA 397

30 September 2002


Details
AGLC Case Decision Date
Wentworth v Graham [2002] NSWCA 397 [2002] NSWCA 397 30 September 2002

CaseChat Overview and Summary

In *Wentworth v Graham*, the Court of Appeal considered an application to review a decision made by the Registrar. The central dispute concerned the compatibility of certain Supreme Court Rules with a provision of the *Supreme Court Act 1970*.

The primary legal issue before the Court of Appeal was whether Part 61, rules 3 and 4 of the Supreme Court Rules were inconsistent with section 46(4) of the *Supreme Court Act 1970*. This question arose in the context of the court's jurisdiction to review the Registrar's decision.

Santow JA determined that there was no impediment, either under section 46(4) of the Act or otherwise, to the Court of Appeal exercising its jurisdiction to review the Registrar's decision. His Honour was satisfied that the case fell within the scope of Part 61, rules 3 and 4 of the Supreme Court Rules, and therefore the rules were not inconsistent with the Act in this instance.
Details

Areas of Law

  • Civil Procedure

  • Statutory Interpretation

Legal Concepts

  • Appeal

  • Jurisdiction

  • Statutory Construction

  • Judicial Review

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Cases Cited

2

Statutory Material Cited

2