Ellis v Newton [2012] NSWCA 22

Ellis v Newton [2012] NSWCA 22

The interlocutory decision to refuse an adjournment affected the final result, thus the appeal is competent and the notice of motion to dismiss for incompetence is dismissed with costs.

Jurisdiction
Australia
Judgment Date
27 February 2012
Procedural Posture
Interlocutory Application / Notice of Motion to Dismiss Appeal for Incompetence
Outcome
Notice of motion to dismiss for incompetence dismissed with costs.
Legal Topics
['adjournment' 'appeal Competence' 'interlocutory Decisions']
['practice and Procedure'] ['adjournment' 'appeal Competence' 'interlocutory Decisions']

Case Brief

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Procedural Posture

Interlocutory Application / Notice of Motion to Dismiss Appeal for Incompetence

Legal Issues

  1. 1 ['Whether the interlocutory decision to refuse an adjournment affected the final result and rendered the appeal competent']

Ratio Decidendi

The interlocutory decision to refuse an adjournment affected the final result, thus the appeal is competent and the notice of motion to dismiss for incompetence is dismissed with costs.

Court Disposition

Notice of motion to dismiss for incompetence dismissed with costs.

Orders

  • ['Notice of motion to dismiss for incompetence is dismissed with costs.']