AZRIEL v SFHIR and ANOR [1996] NSWCA 37

AZRIEL v SFHIR and ANOR [1996] NSWCA 37

Leave to appeal was refused and the appeal dismissed because the applicant was not denied natural justice, had the opportunity to respond to the cross-claim, and there was no jurisdictional error. Further, no error of law or denial of natural justice was established warranting a grant of leave.

Parties
Appellant: Azriel; First Respondent: Sfhir; Second Respondent: Bailey LCM
Jurisdiction
Australia
Judgment Date
28 March 1996
Procedural Posture
Appeal / Application for Leave to Appeal to Court of Appeal From Supreme Court (common Law Division) Judgment on Appeal From Local Court (small Claims Division)
Outcome
Application for leave refused; appeal dismissed with costs.
Legal Topics
Appeal Process, Natural Justice, Jurisdiction, Small Claims, Motor Vehicle Accident
Practice and Procedure Appeal Process Natural Justice Jurisdiction Small Claims Motor Vehicle Accident

Case Brief

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Parties

Azriel

Appellant

Sfhir

First Respondent

Bailey LCM

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal to Court of Appeal From Supreme Court (common Law Division) Judgment on Appeal From Local Court (small Claims Division)

Legal Issues

  1. 1 Whether leave to appeal should be granted to the Court of Appeal from a decision of the Supreme Court (Common Law Division) concerning an appeal from the Local Court (Small Claims Division)
  2. 2 Whether there was a denial of natural justice due to late notice of cross-claim and alleged neglect by the magistrate

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the applicant was not denied natural justice, had the opportunity to respond to the cross-claim, and there was no jurisdictional error. Further, no error of law or denial of natural justice was established warranting a grant of leave.

Court Disposition

Application for leave refused; appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed.
  • Appeal dismissed with costs.