LANG and ANOR v KIRKNESS and ANOR [1994] NSWCA 179

LANG and ANOR v KIRKNESS and ANOR [1994] NSWCA 179

Given the lapse of time since the original decision, the prior litigation history, and no error identified in Windeyer J's reasoning, the matter is not appropriate for the grant of leave to appeal.

Parties
Claimant: LANG; Opponent: KIRKNESS
Jurisdiction
Australia
Judgment Date
05 December 1994
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Refused
Outcome
Leave to appeal refused
Legal Topics
Easement, Leave to Appeal, Extension of Time
Property Law Easement Leave to Appeal Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

LANG

Claimant

KIRKNESS

Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Refused

Legal Issues

  1. 1 Whether leave to appeal should be granted from the decision of Windeyer J
  2. 2 Whether an extension of time to seek leave to appeal should be granted

Ratio Decidendi

Given the lapse of time since the original decision, the prior litigation history, and no error identified in Windeyer J's reasoning, the matter is not appropriate for the grant of leave to appeal.

Court Disposition

Leave to appeal refused

Orders

  • Summons for leave to appeal is refused
  • Claimant must pay opponent's costs