Martin v State of New South Wales [2015] NSWCA 141
The motion did not raise any issue of principle and its dismissal should not cause practical prejudice to the applicant; the appropriate forums for the various claims and issues were being properly observed, and no error or prejudice justifying leave to appeal was demonstrated.
- Jurisdiction
- Australia
- Judgment Date
- 22 May 2015
- Procedural Posture
- Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment Refused
- Outcome
- Leave to appeal refused
- Legal Topics
- ['vexatious Proceedings' 'interlocutory Applications' 'joinder and Transfer of Proceedings' 'discovery and Subpoenas' 'case Management']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment Refused
Legal Issues
- 1 ['Whether leave should be granted to appeal interlocutory orders dismissing motion for concurrent hearing, issue of subpoenas, and transfer of proceedings' 'Whether the Vexatious Proceedings Act 2008 (NSW) application and related damages proceedings should be heard together' 'Whether applicant suffered prejudice from failure to order concurrent hearings']
Ratio Decidendi
The motion did not raise any issue of principle and its dismissal should not cause practical prejudice to the applicant; the appropriate forums for the various claims and issues were being properly observed, and no error or prejudice justifying leave to appeal was demonstrated.
Court Disposition
Leave to appeal refused
Orders
- ['Refuse the applicant leave to appeal against the judgment of Schmidt J of 19 December 2014' 'No order as to costs']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment