Read the full judgment text of HCA 2169/2011 on BabelCite. This High Court CFI judgment was delivered on 19 July 2012.
1. The order setting aside the service of the Writ that I made was an order made on the exercise of the court’s discretion, and in an appeal against an exercise of a judge’s discretion, the authorities are clear that the ambit of the appellate court’s interference is restricted. An appeal should be rare, and the appellate court should be slow to interfere. The Court of Appeal will not intervene unless the appellant can show that the judge had misdirected himself with regard to the legal principl
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