Stephen Kirkman v Commissioner Department of Corrective Services [2013] NSWSC 833

Stephen Kirkman v Commissioner Department of Corrective Services [2013] NSWSC 833

No detriment requiring leave to appeal was identified, as the applicant may bring a further application to set aside the default judgment in the Local Court, and no error in the Magistrate's decision was established; the Supreme Court should not interfere.

Jurisdiction
Australia
Judgment Date
14 June 2013
Procedural Posture
Application for Leave to Appeal / Dismissal at Supreme Court
Outcome
application for leave to appeal dismissed
Legal Topics
['appeal' 'leave to Appeal' 'default Judgment' 'application to Set Aside Default Judgment']
['civil Procedure'] ['appeal' 'leave to Appeal' 'default Judgment' 'application to Set Aside Default Judgment']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Dismissal at Supreme Court

Legal Issues

  1. 1 ['whether detriment requiring leave to be granted identified' "whether error in the Local Court's decision demonstrated"]

Ratio Decidendi

No detriment requiring leave to appeal was identified, as the applicant may bring a further application to set aside the default judgment in the Local Court, and no error in the Magistrate's decision was established; the Supreme Court should not interfere.

Court Disposition

application for leave to appeal dismissed

Orders

  • ['Application dismissed.' "Appellant to pay respondent's costs."]