AUSTRALIAN BROADCASTING CORPORATION v PREBBLE [1996] NSWCA 32

AUSTRALIAN BROADCASTING CORPORATION v PREBBLE [1996] NSWCA 32

The application for leave to appeal was dismissed because, after considering the prospects of success, utility of the appeal, and delay, the Court found it was not a suitable case for the grant of leave.

Parties
Applicant: Australian Broadcasting Corporation; Respondent: Prebble
Jurisdiction
Australia
Judgment Date
21 October 1996
Procedural Posture
Application for Leave to Appeal / Judgment on Application for Leave to Appeal
Outcome
application for leave to appeal dismissed with costs
Legal Topics
Abuse of Process, Stay of Proceedings, Leave to Appeal
Civil Procedure Abuse of Process Stay of Proceedings Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Broadcasting Corporation

Applicant

Prebble

Respondent

Procedural Posture

Application for Leave to Appeal / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether proceedings should be stayed as an abuse of process
  2. 2 Appropriateness of granting leave to appeal against refusal to stay

Ratio Decidendi

The application for leave to appeal was dismissed because, after considering the prospects of success, utility of the appeal, and delay, the Court found it was not a suitable case for the grant of leave.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • Application for leave to appeal dismissed
  • Applicant to pay the costs