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Trial judge did not exceed discretion in determining that appeal was more suitable alternative remedy than judicial review
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Court of Appeal dismisses appeal of a decision of the High Court to refuse the applicant leave to seek judicial review relating to relate to two sets of proceedings, the being criminal proceedings in which the appellant is being prosecuted for assault, and the second being enforcement proceedings in the District Court arising out of a determination order of the Residential Tenancies Board, on the grounds that: the trial judge was quite correct in her comments about the form of the proceedings as they stood at the time of the application before her, and with regard to the substance of the applicant's complaints, she was clearly completely aware of those and took them into account in her judgment; and the trial judge did not exceed the legitimate exercise of her discretion in coming to the view that an appeal was a more suitable alternative remedy.
Residential Tenancies Board - judicial review - applicant sought leave to seek judicial review and the application related to two sets of proceedings - first set of proceedings were criminal in nature in which the applicant was being prosecuted for an assault - second related to a determination of the Residential Tenancies Board - RTB had found that the termination order served on the Appellant was valid - determination led to enforcement proceedings in the District Court and the judge ordered the appellant to give up possession of the dwelling in which he lived - trial judge decided that an appeal was a more appropriate course of action to express his unhappiness with the decision of the District Court - leave was refused by the High Court on the grounds that the application did not identify grounds for an order of certorari - appellant had an adequate alternative remedy.
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