LE BAS v SHAW [1996] NSWCA 318
The Court refused leave to appeal, holding that a challenge to the interlocutory determination on issue estoppel could be raised if required upon appeal after final judgment.
- Parties
- Claimant: Peter Le Bas; Opponent: Lance Shaw
- Jurisdiction
- Australia
- Judgment Date
- 11 March 1996
- Procedural Posture
- Application for Leave to Appeal / Interlocutory Decision
- Outcome
- Application for leave to appeal refused
- Legal Topics
- Issue Estoppel, Appeals, Motor Vehicle Accident
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Le Bas
Claimant
Lance Shaw
Opponent
Procedural Posture
Application for Leave to Appeal / Interlocutory Decision
Legal Issues
- 1 Whether Judge Garling's interlocutory ruling on issue estoppel should be subject to leave to appeal at this stage
Ratio Decidendi
The Court refused leave to appeal, holding that a challenge to the interlocutory determination on issue estoppel could be raised if required upon appeal after final judgment.
Court Disposition
Application for leave to appeal refused
Orders
- Application for leave to appeal is refused
- Applicant to pay the claimant's costs
Full Case Text
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