TRIDEN PROPERTIES LTD v CAPITA FINANCIAL GROUP LTD [1993] NSWCA 272
A judgment determining issues of liability but leaving open the assessment of damages is not a final judgment; therefore, the orders appealed from were interlocutory and leave was required to appeal.
- Parties
- Claimant: Capita Financial Group Ltd; Opponent: Triden Properties Ltd
- Jurisdiction
- Australia
- Judgment Date
- 26 November 1993
- Procedural Posture
- Appeal / Motion to Strike Out Appeal; Application for Leave to Appeal
- Outcome
- application dismissed with costs
- Legal Topics
- Appeals, Interlocutory Orders, Final Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Capita Financial Group Ltd
Claimant
Triden Properties Ltd
Opponent
Procedural Posture
Appeal / Motion to Strike Out Appeal; Application for Leave to Appeal
Legal Issues
- 1 Whether judgment on liability only, with damages yet to be determined, constitutes a final or interlocutory order
- 2 Whether leave to appeal is required in respect of orders made prior to final determination
Ratio Decidendi
A judgment determining issues of liability but leaving open the assessment of damages is not a final judgment; therefore, the orders appealed from were interlocutory and leave was required to appeal.
Court Disposition
application dismissed with costs
Orders
- Appeal struck out for want of competence as interlocutory orders without leave.
- Application for leave to appeal refused.
Full Case Text
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