RICHARD BRADY AND SONS PTY LTD v BASKYS [1989] NSWCA 175

RICHARD BRADY AND SONS PTY LTD v BASKYS [1989] NSWCA 175

On the facts, no denial of natural justice occurred, and the judge's refusal to reconsider the adjournment order was a proper exercise of discretion, so leave to appeal is refused.

Parties
Claimant/defendant: Richard Brady and Sons Pty Ltd; Opponent/plaintiff: Baskys
Jurisdiction
Australia
Judgment Date
21 March 1989
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From an Order of Adjournment
Outcome
Leave to appeal refused.
Legal Topics
Adjournment, Natural Justice, Appeals
Civil Procedure Adjournment Natural Justice Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Brady and Sons Pty Ltd

Claimant/defendant

Baskys

Opponent/plaintiff

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From an Order of Adjournment

Legal Issues

  1. 1 Whether the refusal to relist the adjournment application amounted to a denial of natural justice
  2. 2 Whether leave to appeal should be granted against the adjournment order

Ratio Decidendi

On the facts, no denial of natural justice occurred, and the judge's refusal to reconsider the adjournment order was a proper exercise of discretion, so leave to appeal is refused.

Court Disposition

Leave to appeal refused.

Orders

  • Leave to appeal is refused.
  • Summons is dismissed.