FINNEGAN v MUTUAL ACCEPTANCE (INSURANCE) LTD (IN LIQUIDATION) [1995] NSWCA 147

FINNEGAN v MUTUAL ACCEPTANCE (INSURANCE) LTD (IN LIQUIDATION) [1995] NSWCA 147

There is not sufficient doubt as to the correctness of the discretionary decisions to warrant the grant of leave to appeal, nor sufficient prospects of success to justify granting leave.

Parties
Claimant: Finnegan; Opponent: Mutual Acceptance (Insurance) Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
18 September 1995
Procedural Posture
Appeal / Summons for Leave to Appeal to Court of Appeal
Outcome
Summons dismissed with costs.
Legal Topics
Application for Leave to Appeal, Transfer of Proceedings, Addition of Cause of Action, Discretionary Decisions, Practice and Procedure
Civil Procedure Application for Leave to Appeal Transfer of Proceedings Addition of Cause of Action Discretionary Decisions Practice and Procedure

Case Brief

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Parties

Finnegan

Claimant

Mutual Acceptance (Insurance) Ltd (in liquidation)

Opponent

Procedural Posture

Appeal / Summons for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether sufficient doubt attends the discretionary decisions to warrant leave to appeal
  2. 2 Whether prospects of success exist if leave is granted

Ratio Decidendi

There is not sufficient doubt as to the correctness of the discretionary decisions to warrant the grant of leave to appeal, nor sufficient prospects of success to justify granting leave.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed.
  • The claimant must pay the opponent's costs.