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Court of Appeal allows appeal and overturns decision of the High Court to grant an "Issac Wunder Order", and remits the application to the High Court for rehearing, on the grounds that there was a fundamental denial of constitutional justice to the appellant as the the trial judge had, of his own motion and without application, determined to impose a wider restriction than was sought in the notice of motion.
McCarthy J (nem diss): Appeal of a decision to grant an Issac Wunder order against the appellant restraining her from instituting proceedings against the respondents without the leave of the Court - this is a separate judgment to the substantive proceedings - long history of litigation between the parties arising out of animal welfare concerns - Animal Health and Welfare Act 2013 - the order ultimately perfected granted relief substantially more extensive than that sought in the motion - whether there had been a lack of constitutional justice - fair procedures - lay litigant - appeal allowed - application remitted to the High Court.
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