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APPENDIX B - High Court Rules – Part VII
Extraordinary remedies

623 Mandamus

(1) This rule applies when an application is made to the Court to compel—

(a) An inferior court; or

(b) A tribunal; or

(c) A person—

to perform a public duty of the court, tribunal, or person.

(2) This rule does not apply if the duty is to—

(a) Pay a sum of money for the non-payment of which a writ of sale may be issued; or

(b) Perform an act for the non-performance of which a writ of arrest may be issued.

(3) When this rule applies, the Court may make an order for mandamus ordering the court, tribunal, or person to perform the public duty.

(4) No proceeding may be commenced against a court, tribunal, or person for anything done to comply with an order for mandamus.

624 Injunction

(1) This rule applies when an application is made to the Court to restrain—

(a) An inferior court; or

(b) A tribunal; or

(c) A person—

from a threatened or actual breach, continuation of a breach, or further breach of a duty of the court, tribunal, or person.

(2) When this rule applies, the Court may make an order for injunction restraining a threatened or actual breach, continuation of a breach, or further breach of the duty.

(3) This rule does not affect the power of the Court to grant the equitable remedy of injunction in a case that does not come within this rule.

625 Prohibition

(1) This rule applies when an application is made to the Court to prohibit—

(a) An inferior court; or

(b) A tribunal; or

(c) A person—

from exercising a jurisdiction that the court, tribunal, or person is not by law empowered to exercise.

(2) When this rule applies, the Court may make an order for prohibition prohibiting the exercise of the jurisdiction.

626 Certiorari

(1) This rule applies when an application is made to the Court to review all or part of a determination of—

(a) An inferior court; or

(b) A tribunal; or

(c) A person exercising a statutory or prerogative power; or

(d) A person exercising a power that affects the public interest.

(2) When this rule applies, the Court may do 1 or both of the following:

(a) Make an order for certiorari:

(b) Make any other order that the Court thinks just.

627 Removal from office

When an application is made to the Court to remove a person from a public office, or to try the right of a person to hold a public office, the Court may—

(a) Order that the person be removed from the office; or

(b) Declare who is entitled to hold the office; or

(c) Make both an order under paragraph (a) and a declaration under paragraph (b).

627B Interim orders

(1) When an application is made under this Part, the Court may make interim orders on such terms and conditions as the Court thinks fit.

(2) An applicant who applies for an interim order must file a signed undertaking in the terms stated in subclause (3).

(3) Those terms are to the effect that the applicant will abide by any order that the Court may make in respect of damages—

(a) That are sustained by any other party through the making of the interim order; and

(b) That the Court decides the applicant ought to pay.

(4) The undertaking must be referred to in the order and is part of it.

628 Procedure

(1) Every application for the assistance of the Court under this Part, and every application for review under Part I of the Judicature Amendment Act 1972 shall (notwithstanding section 4 of that Act) be commenced by statement of claim and notice of proceeding in accordance with Part II of these rules.

(2) In the case of an application for review, the backing sheet shall state that it is an application for review.

(3) Where relief is claimed under this Part, the statement of claim may claim more than one of the remedies referred to in this Part and may claim any other relief (including damages) to which the plaintiff may be entitled.

(4) The procedure prescribed in Part I of the Judicature Amendment Act 1972 shall apply, subject to these rules, to applications for review under that Part.

(5) Section 9 of the Judicature Amendment Act 1972 shall apply in respect of an application for review under Part I of that Act as if the reference to a motion were a reference to a notice of proceeding filed in accordance with these rules.

(6) Subject to subclause (7), every proceeding to which this Part applies shall continue as provided in Part IV unless some other substantial relief is claimed or the Court otherwise orders, in which case it shall continue as an ordinary proceeding.

(7) In an application for review under Part I of the Judicature Amendment Act 1972, a Judge may exercise the powers conferred by section 10 of that Act.