Court of Appeal dismisses appeal from High Court, and affirms order refusing to release the digital audio recording (DAR) of an application to the High Court on appeal from the Circuit Court, on the grounds that: (a) although the Court of Appeal had jurisdiction to entertain such an application when the matter was independent of the subject matter of the appeal, this depended on the circumstances of the case; (b) the DAR could not be released to further the applicant's proposed appeal, as no court had jurisdiction to hear an appeal once it had been decided by the High Court; (c) the decision whether to release the DAR was discretionary and an appeal court had limited power to interfere with the discretion of the trial judge; and (d) the application before the High Court was an attempt to re-open an earlier decision refusing the DAR, and such an application could only be granted if there was a clear change of circumstances, which did not apply.
Murray J (nem diss): Application for digital audio recording (DAR) of hearing - hearing in High Court on appeal from Circuit Court - claim for possession of property - civil bill - order for possession in Circuit Court - appeal to High Court - application in High Court for DAR of Circuit Court - O.123 of the Rules of the Superior Court - Section 39 of the Courts of Justice Act 1936 - whether decision of High Court on appeal from Circuit Court was final and not appealable - whether interlocutory orders appealable - orders made within appeal proceedings that stood independently of it - discretionary nature of order - attempt to re-open a matter already decided.