TRUSTEES OF STEVEDORING EMPLOYEES' RETIREMENT FUND v KORANAKIS [1988] NSWCA 162

TRUSTEES OF STEVEDORING EMPLOYEES' RETIREMENT FUND v KORANAKIS [1988] NSWCA 162

Once final judgment is entered, any earlier ordered determination of a separated issue is subsumed, negating the need for leave to appeal under s103; the appropriate method to challenge is by notice of contention.

Parties
Claimant: Trustees of Stevedoring Employees' Retirement Fund; Opponent: Koranakis
Jurisdiction
Australia
Judgment Date
11 April 1988
Procedural Posture
Appeal / Application for Leave to Appeal From Judgment on Separate Issue
Outcome
Summons dismissed; claimant to pay opponent's costs (by majority).
Legal Topics
Appeal, Judgment on Separate Issue, Notice of Contention, Supreme Court Act 1970 S103, Supreme Court Rules Pt31, Pt51
Practice and Procedure Appeal Judgment on Separate Issue Notice of Contention Supreme Court Act 1970 S103 Supreme Court Rules Pt31, Pt51

Case Brief

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Parties

Trustees of Stevedoring Employees' Retirement Fund

Claimant

Koranakis

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal From Judgment on Separate Issue

Legal Issues

  1. 1 Whether a claimant must seek leave to appeal from an earlier judgment on a separated question when the later final judgment disposes of the entirety of the proceedings.

Ratio Decidendi

Once final judgment is entered, any earlier ordered determination of a separated issue is subsumed, negating the need for leave to appeal under s103; the appropriate method to challenge is by notice of contention.

Court Disposition

Summons dismissed; claimant to pay opponent's costs (by majority).

Orders

  • That the summons be dismissed.
  • That the cost of the summons be the opponent's costs in the appeal.