BLACKWELL v DIRECT ACCEPTANCE & INVESTMENTS PTY LTD [1995] NSWCA 47

BLACKWELL v DIRECT ACCEPTANCE & INVESTMENTS PTY LTD [1995] NSWCA 47

The Court concluded that leave to appeal should be granted as a precaution and directed the matter be referred to the short appeals list judge for potential expedition. Costs of the day are to be costs in the appeal.

Parties
Appellant: Blackwell; Respondent: Direct Acceptance & Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
06 November 1995
Procedural Posture
Civil / Application for Leave to Appeal; Directions for Appeal Hearing
Outcome
Leave to appeal granted; directions given for matter to be referred to short appeals list; costs of day to be costs in the appeal.

Case Brief

Summary, issues, holding and outcome

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Parties

Blackwell

Appellant

Direct Acceptance & Investments Pty Ltd

Respondent

Procedural Posture

Civil / Application for Leave to Appeal; Directions for Appeal Hearing

Legal Issues

  1. 1 Whether leave to appeal is required from orders made by Young J
  2. 2 Whether the appeal should be expedited or referred to the short appeals list

Ratio Decidendi

The Court concluded that leave to appeal should be granted as a precaution and directed the matter be referred to the short appeals list judge for potential expedition. Costs of the day are to be costs in the appeal.

Court Disposition

Leave to appeal granted; directions given for matter to be referred to short appeals list; costs of day to be costs in the appeal.

Orders

  • Leave to appeal granted (if necessary)
  • Matter referred to judge in charge of short appeals list