Plaintiff S164/2018 v Minister for Home AffairsCitation:[2018] HCA 51Before:Edelman JDate:07 Nov 2018Case Number:S229/2018Read more
The appeal was incompetent because the judgment appealed from was interlocutory and leave to appeal was required but not obtained.
- Parties
- Appellant: Appellant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 07 November 2018
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed as incompetent
- Legal Topics
- Leave to Appeal, Interlocutory Vs Final Judgment, Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondent
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether leave to appeal was necessary under Judiciary Act 1903 (Cth) s 34(2)
- 2 Whether the judgment appealed from was interlocutory or final
- 3 Whether the appeal was incompetent due to lack of leave
Ratio Decidendi
The appeal was incompetent because the judgment appealed from was interlocutory and leave to appeal was required but not obtained.
Court Disposition
Appeal dismissed as incompetent
Orders
- Appeal dismissed
- No order as to costs
Full Case Text
Judgment text and source record
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