HEALTH INSURANCE COMMISSION v HANDEL; HEALTH INSURANCE COMMISSION v CRYMBLE [1997] NSWCA 143
The Court was not persuaded that these cases warranted leave to appeal with the ultimate object of seeking summary dismissal; therefore, the applications for leave were dismissed with costs.
- Parties
- Claimant: Health Insurance Commission; Opponent: John Richard Wells Handel; Opponent: Peter Anthony Crymble
- Jurisdiction
- Australia
- Judgment Date
- 14 November 1997
- Procedural Posture
- Application for Leave to Appeal / Decision on Leave to Appeal
- Outcome
- applications dismissed with costs
- Legal Topics
- Breach of Contract, Estoppel, Summary Dismissal, Leave to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Health Insurance Commission
Claimant
John Richard Wells Handel
Opponent
Peter Anthony Crymble
Opponent
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted for summary dismissal of proceedings alleging breach of contract and estoppel claims.
Ratio Decidendi
The Court was not persuaded that these cases warranted leave to appeal with the ultimate object of seeking summary dismissal; therefore, the applications for leave were dismissed with costs.
Court Disposition
applications dismissed with costs
Orders
- The applications for leave to appeal are dismissed with costs.
Full Case Text
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