Howard Smith and Co Limited v Varawa [1910] HCA 30

Howard Smith and Co Limited v Varawa [1910] HCA 30

The granting of a stay was entirely within the discretion of the learned Judge, and special leave to appeal will only be granted in very exceptional circumstances. Leave to appeal must be refused.

Parties
Appellants; Defendants: Howard Smith & Co. Limited; Respondent; Plaintiff: Peter Fedorovitch Varawa
Jurisdiction
Australia
Judgment Date
17 June 1910
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court Decision
Outcome
Special leave to appeal refused.
Legal Topics
Appeals, Stay of Proceedings, Discretion of Court
Practice and Procedure Appeals Stay of Proceedings Discretion of Court

Case Brief

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Parties

Howard Smith & Co. Limited

Appellants; Defendants

Peter Fedorovitch Varawa

Respondent; Plaintiff

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court Decision

Legal Issues

  1. 1 Whether special leave to appeal should be granted from an order granting a stay of proceedings under judgment subject to conditions

Ratio Decidendi

The granting of a stay was entirely within the discretion of the learned Judge, and special leave to appeal will only be granted in very exceptional circumstances. Leave to appeal must be refused.

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal refused.