Principle

CIVIL PROCEDURE – Discretion of Court – Exercise of Discretion to Relist Appeal

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Discretionary decisions receive appellate deference. Courts won't interfere merely because they would have decided differently. Interference requires showing "wrongful exercise" through: (1) Mistake of law—applying wrong legal principles or misinterpreting governing law; (2) Disregard of principle—ignoring established legal principles that should guide the discretion; (3)…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules and forms. Choose a plan from 1 month to 36 months.