Pachkovski v Australian Executor Trustees Ltd (No 2) [2011] NSWCA 95

Pachkovski v Australian Executor Trustees Ltd (No 2) [2011] NSWCA 95

No ground of substance was raised by the applicants which could justify granting leave to appeal; issues raised were either already determined as factual matters by the primary judge, abandoned, or not raised at first instance and thus not available on appeal.

Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'possession of Land' 'loan Agreements' 'cross Claim']
['civil Procedure' 'mortgage Law'] ['leave to Appeal' 'possession of Land' 'loan Agreements' 'cross Claim']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether documents supplied by applicants supported the granting of leave to appeal' 'Whether issues raised by applicants were sufficient to justify appellate intervention' 'Whether matters not raised before the primary judge can be raised on appeal']

Ratio Decidendi

No ground of substance was raised by the applicants which could justify granting leave to appeal; issues raised were either already determined as factual matters by the primary judge, abandoned, or not raised at first instance and thus not available on appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal is dismissed with costs.']