Yates I.F. v City Loan & Credit Corp Pty Ltd [1988] FCA 203

Yates I.F. v City Loan & Credit Corp Pty Ltd [1988] FCA 203

The legal effect of Gummow J.'s judgment of 10 February 1988 was to deny leave to Mr. Yates to continue proceeding G513 of 1986 and to decline to set aside the consent judgment of 11 December 1987 dismissing that proceeding. Characterised by its legal rather than practical effect, the judgment finally determined the rights of the parties and was final in nature, so leave to appeal was not necessary. Because there was an arguable case in support of the appeal, the order dismissing proceeding G513 of 1986 and the consequential costs order were stayed pending the appeal or further order.

Jurisdiction
Australia
Judgment Date
17 February 1988
Procedural Posture
Motion for Extension of Stay of Proceedings and for Leave to Appeal / Full Court Hearing of Motion Following Judgment of Gummow J. on 10 February 1988
Outcome
Leave to appeal was held unnecessary; stay granted; appeal expedited; costs of the motion to be costs in the appeal.
Legal Topics
['extension of Stay of Proceedings' 'leave to Appeal' 'final Orders' 'interlocutory Judgments' 'consent Judgment']
['practice and Procedure'] ['extension of Stay of Proceedings' 'leave to Appeal' 'final Orders' 'interlocutory Judgments' 'consent Judgment']

Case Brief

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Procedural Posture

Motion for Extension of Stay of Proceedings and for Leave to Appeal / Full Court Hearing of Motion Following Judgment of Gummow J. on 10 February 1988

Legal Issues

  1. 1 ['Whether the orders the subject of the application for leave to appeal were final orders or interlocutory judgments.' 'Whether leave to appeal from the judgment of Gummow J. of 10 February 1988 was necessary.' 'Whether the order made on 11 December 1987 dismissing proceeding G513 of 1986 and the order as to costs should be stayed pending determination of the appeal.']

Ratio Decidendi

The legal effect of Gummow J.'s judgment of 10 February 1988 was to deny leave to Mr. Yates to continue proceeding G513 of 1986 and to decline to set aside the consent judgment of 11 December 1987 dismissing that proceeding. Characterised by its legal rather than practical effect, the judgment finally determined the rights of the parties and was final in nature, so leave to appeal was not necessary. Because there was an arguable case in support of the appeal, the order dismissing proceeding G513 of 1986 and the consequential costs order were stayed pending the appeal or further order.

Court Disposition

Leave to appeal was held unnecessary; stay granted; appeal expedited; costs of the motion to be costs in the appeal.

Orders

  • ['The order made by this Court on 11 December 1987 dismissing proceeding G513 of 1986 and the order as to costs made on that date be stayed until the determination of the appeal from the judgment of Gummow J. of 10 February 1988 in proceedings G513 of 1986, G277 of 1987 and B371 of 1987 or until further order of the...