WATERS v HERBERT [1995] NSWCA 495

WATERS v HERBERT [1995] NSWCA 495

The refusal of adjournment by the District Court was a discretionary matter of practice and procedure and no sufficient basis was shown to justify intervention by the Court of Appeal; therefore, leave to appeal was refused.

Parties
Claimant: Waters; Opponent: Herbert
Jurisdiction
Australia
Judgment Date
01 May 1995
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Summons for Leave to Appeal
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
Adjournment, Discretionary Decision, Appellate Review
Practice and Procedure Adjournment Discretionary Decision Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Waters

Claimant

Herbert

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Summons for Leave to Appeal

Legal Issues

  1. 1 Whether the Court of Appeal should grant leave to appeal against the District Court's refusal of adjournment

Ratio Decidendi

The refusal of adjournment by the District Court was a discretionary matter of practice and procedure and no sufficient basis was shown to justify intervention by the Court of Appeal; therefore, leave to appeal was refused.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • Summons dismissed.
  • Claimant must pay the costs of the application.