MOSSOP v PAPAELLINAS [1993] NSWCA 185

Leave to appeal is required from decisions by a single judge upon a case stated from the Local Court, by virtue of Supreme Court Act 1970 s101(2)(h) and Justices Act 1902 s106.

Parties: Claimant: Mossop; Opponent: Papaellinas
Jurisdiction: Australia
Judgment Date: 22 November 1993
Procedural Posture: Summons for Leave to Appeal / Court of Appeal Preliminary Application
Outcome: Motion to dismiss summons for leave as unnecessary dismissed.
Legal Topics: Appeals, Leave to Appeal, Case Stated

Practice and Procedure Appeals Leave to Appeal Case Stated

Case Brief

Summary, issues, holding and outcome

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Parties

Mossop

Claimant

Papaellinas

Opponent

Procedural Posture

Summons for Leave to Appeal / Court of Appeal Preliminary Application

Legal Issues

1 Whether leave to appeal is required from a decision of a single judge upon a case stated from the Local Court

Ratio Decidendi

Leave to appeal is required from decisions by a single judge upon a case stated from the Local Court, by virtue of Supreme Court Act 1970 s101(2)(h) and Justices Act 1902 s106.

Court Disposition

Motion to dismiss summons for leave as unnecessary dismissed.

Orders

Motion for dismissal of summons for leave to appeal as unnecessary dismissed.