SA Misapplication of Discretionary Powers in Family Law?

[okanynameyouwishthen]

Morning,

I am hoping some bright sparks can enlighten me to what constitutes this misapplication or misappropriation of discretion by a judge?

I read an appeal judgment in family law a fair while ago that contained that phrase (unsure which exactly) and I'm stuffed if I can find it in my bookmarks. It resonated well with parts of my own ordeal. Anyone recall reading a judgment along those lines...or better yet, has anyone got a solid and easily explained theory?

Cheers

 

[okanynameyouwishthen]

Morning,

I am hoping some bright sparks can enlighten me to what constitutes this misapplication or misappropriation of discretion by a judge?

I read an appeal judgment in family law a fair while ago that contained that phrase (unsure which exactly) and I'm stuffed if I can find it in my bookmarks. It resonated well with parts of my own ordeal. Anyone recall reading a judgment along those lines...or better yet, has anyone got a solid and easily explained theory?

Cheers

*****BUMP******

Driving me crazy & square eyed reading judgments to find judgment i read previously that had a near close phrase to what I originally asked....Arrgghh !!!!
I try with a hypothetical to try get my point.......Say judge gives orders that are so counterproductive or opposite of each other with result that defies the legal principle they're meant to cover.....Like this example No. 1- the applicant is not to commit family violence against the respondent, apart from a backhander with only half brute force.

Obviously that order can't stand......or can it ? I think it would be classed as misappropriating discretion ( or whatever the damn phrase ends up being).
Thats another point also, a judge/magistrate can't deliver orders condoning an illegal act . can they ?
Or is that brushed off us under the " inherent powers of discretion" as well ? Surely no !???!
cheers
HNY to all also.
( I fess up I can't even fake interest/excitement on the most inane day of year) !