ABIGROUP LIMITED v AKINS [1995] NSWCA 4
The Court does not consider the matter appropriate for leave to appeal and, therefore, dismisses the application.
Source-derived case information.
- Parties
- Applicant: Abigroup Limited; Respondent: Akins
- Jurisdiction
- Australia
- Judgment Date
- 31 July 1995
- Procedural Posture
- Application for Leave to Appeal / Interlocutory
- Outcome
- Application for leave to appeal dismissed with costs.
- Legal Topics
- Leave to Appeal, Interlocutory Orders, Pleadings
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abigroup Limited
Applicant
Akins
Respondent
Procedural Posture
Application for Leave to Appeal / Interlocutory
Legal Issues
- 1 Whether leave to appeal from an interlocutory pleading order should be granted
Ratio Decidendi
The Court does not consider the matter appropriate for leave to appeal and, therefore, dismisses the application.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- Application for leave to appeal dismissed with costs.
Full Case Text
Judgment text and source record
9 paragraphs
ABIGROUP LIMITED v AKINS
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
MAHONEY AP, MEAGHER JA and GILES AJA 31 July 1995
[1995] NSWCA 4
Mahoney AP. This is an application for leave to appeal against, if I may so describe it compendiously, an interlocutory pleading order.
The Court does not normally give reasons for granting or refusal of leave but, to prevent any misunderstanding, in this case the Court will say this. The Court does not think that the matter is a matter appropriate for leave to appeal. However, it does so upon the basis that it should not necessarily be inferred that the Court is upholding every opinion expressed by the judge below in his long and detailed judgment. I do not mean by that that any of those opinions are wrong, but the matter should not subsequently be complicated by argument as to whether this Court has given approval or disapproval to any of those opinions.
Secondly, the Court acts upon the basis that it will be open to the parties appropriately and within the discretion of the judges of the Commercial Division who are dealing with this matter to entertain further and other applications in relation to the matter so as to ensure that the proper issues are litigated at the trial. It is not meant bythis that the parties are encouraged to go back to the judges dealing with the matter. But the matter is dealt with upon the basis that this Court recognises the right of the parties in proceedings such as this to seek appropriate orders at any time prior to trial.
The Court is of the opinion that the application for leave to appeal should be dismissed with costs.
Orders accordingly.