LIONEL THOMAS HANRAHAN v LEONARD HASTINGS AINSWORTH [1990] NSWCA 84

LIONEL THOMAS HANRAHAN v LEONARD HASTINGS AINSWORTH [1990] NSWCA 84

The Court of Appeal will not make orders concerning proceedings in the Common Law Division that are not before it; applications for listing and management of such matters must be made in the appropriate Division.

Parties
Claimant: Lionel Thomas Hanrahan; Opponent: Leonard Hastings Ainsworth
Jurisdiction
Australia
Judgment Date
09 May 1990
Procedural Posture
Motion / Court of Appeal, Application Regarding Related Common Law Division Proceedings
Outcome
Motion dismissed.
Legal Topics
Court of Appeal Jurisdiction, Listing and Management of Cases, Division of Business Within Supreme Court
Practice and Procedure Court of Appeal Jurisdiction Listing and Management of Cases Division of Business Within Supreme Court

Case Brief

Summary, issues, holding and outcome

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Parties

Lionel Thomas Hanrahan

Claimant

Leonard Hastings Ainsworth

Opponent

Procedural Posture

Motion / Court of Appeal, Application Regarding Related Common Law Division Proceedings

Legal Issues

  1. 1 Whether the Court of Appeal can make orders concerning the listing of proceedings in the Common Law Division not before it

Ratio Decidendi

The Court of Appeal will not make orders concerning proceedings in the Common Law Division that are not before it; applications for listing and management of such matters must be made in the appropriate Division.

Court Disposition

Motion dismissed.

Orders

  • Dismiss the motion.
  • The claimant to pay the opponents' costs of the motion.