DAWSON and GENET v. SHAW (001) [1920] SLCA 1 (01 January 1920);

Search Summary: 

Civil Procedure- judgments and orders- date of judgment- judgment dates from day on which pronounced even if signed at later date - formal signing is ministerial not judicial act: The assumption of a judicial office takes place when the oath of allegiance and judicial oath are taken and does not relate back to the first moment of the day, and since a judgment dates from the day on which it is pronounced even if it is signed at a later date its validity is therefore affected neither by the fact that it is made by a judge who, later that day, ceases to hold that particular judicial office, nor by the fact that it is signed by him in a different judicial capacity on a subsequent day, the formal signing being a ministerial and not a judicial act (page 2, lines 3-18).

 

Constitutional Law- judiciary- assumption of office- judge assumes office when takes oath of allegiance and judicial oath - assumption does not relate back to first moment of day: See [1] above. 

Law Report Citation: 
1920-36 ALR S.L. 1