Court of Appeal Wellington
23 November; 11 December 1987
McMullin, Casey and Bisson JJ
23 November; 11 December 1987
McMullin, Casey and Bisson JJ
Practice and procedure — Judgments and orders — Interlocutory applications — Review of orders — Circumstances in which R 264 procedure is appropriate — High Court Judge, in Chambers, ordered that the issues arising in a proceeding between the plaintiff and the first and second defendants be heard first, as a separate matter to the issues arising between the plaintiff and the third and fourth defendants — Second defendant sought a review of the Judge's order, and filed an affidavit giving notice of his claim against the fourth defendants — High Court Judge declined to review the order and removed the application into the Court of Appeal — Whether order should be rescinded — Discussion of the circumstances in which the procedure for review by the High Court of an order made in the High Court is appropriate — High Court Rules, R 264.
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