Gaetjens v Arndale (Kilkenny) Pty Ltd

Gaetjens v Arndale (Kilkenny) Pty Ltd

On the material before the Court, excluding evidence produced that morning by the respondent to the motion which the applicant had little or no opportunity to meet, the inference was open and drawn that the would-be appellant was prejudicially affected to the extent of at least $3,000 and that the case was one in which an appeal lay as of right; the motion was therefore dismissed.

Jurisdiction
Australia
Procedural Posture
Motion / High Court of Australia Before Owen J
Outcome
Motion dismissed with costs.
Legal Topics
['appeal as of Right' 'prejudicial Effect of Judgment' 'costs of Motion']
['appellate Procedure'] ['appeal as of Right' 'prejudicial Effect of Judgment' 'costs of Motion']

Case Brief

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Procedural Posture

Motion / High Court of Australia Before Owen J

Legal Issues

  1. 1 ['Whether the would-be appellant was prejudicially affected by the judgment sought to be appealed from to the extent of at least $3,000 so that an appeal lay as of right.']

Ratio Decidendi

On the material before the Court, excluding evidence produced that morning by the respondent to the motion which the applicant had little or no opportunity to meet, the inference was open and drawn that the would-be appellant was prejudicially affected to the extent of at least $3,000 and that the case was one in which an appeal lay as of right; the motion was therefore dismissed.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Motion dismissed with costs.']