GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MULVENA [1993] NSWCA 117

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MULVENA [1993] NSWCA 117

The Court will not decide at this stage whether leave to appeal should be granted or whether such an appeal lies; even assuming it does, the application is premature and proceedings in the District Court should continue to judgment before appellate intervention is considered.

Parties
Opponent: Government Insurance Office of New South Wales; Claimant: Mulvena
Jurisdiction
Australia
Judgment Date
02 August 1993
Procedural Posture
Appeal / Application for Leave to Appeal From District Court to Court of Appeal
Outcome
Summons for leave to appeal dismissed as premature.
Legal Topics
Appeals, Leave to Appeal, Reopening of Evidence, Prematurity of Application
Civil Procedure Appeals Leave to Appeal Reopening of Evidence Prematurity of Application

Case Brief

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Parties

Government Insurance Office of New South Wales

Opponent

Mulvena

Claimant

Procedural Posture

Appeal / Application for Leave to Appeal From District Court to Court of Appeal

Legal Issues

  1. 1 Whether the District Court on remitter is confined to evidence earlier received
  2. 2 Whether the judge’s decision to permit reopening of evidence is within power
  3. 3 Whether appeal against the decision lies to the Court of Appeal by leave or otherwise

Ratio Decidendi

The Court will not decide at this stage whether leave to appeal should be granted or whether such an appeal lies; even assuming it does, the application is premature and proceedings in the District Court should continue to judgment before appellate intervention is considered.

Court Disposition

Summons for leave to appeal dismissed as premature.

Orders

  • Summons for leave to appeal dismissed
  • Claimant to pay the opponent's costs