A. RAGGATT, K. K. SLADE, J. J. PURDEY AND G. I. LAING V. CLAUDE WILLIAM HARRIS

A. RAGGATT, K. K. SLADE, J. J. PURDEY AND G. I. LAING V. CLAUDE WILLIAM HARRIS

The order is vacated because it was made for reasons applicable to a cause of action not alleged in the statement of claim, to allow parties freedom to apply to amend pleadings and proceed without being restricted by the previous order.

Parties
Applicant: A. Raggatt; Applicant: H. K. Slade; Applicant: Z Dey; Applicant: G. I. Lain; Respondent: Claude William Harris
Jurisdiction
Australia
Judgment Date
20 May 1963
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed

Case Brief

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Parties

A. Raggatt

Applicant

H. K. Slade

Applicant

Z Dey

Applicant

G. I. Lain

Applicant

Claude William Harris

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the order under appeal was made on grounds applicable to a cause of action not alleged in the statement of claim.
  2. 2 Procedural propriety in interlocutory determination of questions of law.

Ratio Decidendi

The order is vacated because it was made for reasons applicable to a cause of action not alleged in the statement of claim, to allow parties freedom to apply to amend pleadings and proceed without being restricted by the previous order.

Court Disposition

appeal allowed

Orders

  • The order under appeal is vacated.
  • Plaintiff's costs in the action.