LE BAS v SHAW [1996] NSWCA 318

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

  1. 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