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The High Court has refused an application to set aside its own order which had dismissed a challenge to the validity of a statutory instrument. The applicant sought to overturn the court's previous decision, arguing procedural errors and presenting new evidence regarding legislative quorum requirements. However, the court held that the correct procedural route for challenging the order was an appeal to the Court of Appeal, not a new application to the High Court. The court also found that the new evidence did not benefit the applicant's case and that the lack of a specific factual matrix was the primary reason for the dismissal of the original leave order. Consequently, the relief sought in the notice of motion was denied, and no order as to costs was made due to the not-prohibitively-expensive rule.
statutory instrument, judicial review, High Court jurisdiction, procedural errors, appeal, Court of Appeal, new evidence, legislative quorum, abstract challenge, factual matrix, Rules of the Superior Courts (RSC), not-prohibitively-expensive (NPE) costs rule, Planning and Development Act 2000, Isaac Wunder order, Attorney General.
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