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Refusal of judicial review for mandamus order is upheld
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Court of Appeal upholds the High Court's decision denying a litigant's request for judicial review to compel a District Court judge to state a case to the High Court. The litigant, previously denied a case stated regarding a safety order that restricted communication with his children, sought an order of mandamus after the District Court deemed his application frivolous. The High Court found no arguable grounds to challenge the District Court's refusal, a decision now affirmed by the Court of Appeal, which emphasised the litigant's misunderstanding of legal procedures and the need for professional legal assistance.
Court of Appeal, High Court, judicial review, order of mandamus, District Court, safety order, Domestic Violence Act 2018, custody, access, appeal by way of case stated, Summary Jurisdiction Act 1857, frivolous application, certiorari, natural justice, void order application, ultra vires, mala fides (bad faith), Article 42A of the Constitution, family law, procedural fairness, legal representation.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
