Cain v Cain [1918] HCA 22

Cain v Cain [1918] HCA 22

Special leave to appeal is refused because an appeal from the decision of the Full Court would not resolve the substantive question in dispute between the parties, which concerns the correctness of the Magistrate’s decision and could only be determined by instituting fresh proceedings.

Parties
Appellant: Cain; Respondent: Cain
Jurisdiction
Australia
Judgment Date
25 April 1918
Procedural Posture
Application for Special Leave to Appeal / Decision on Application for Special Leave
Outcome
special leave to appeal refused
Legal Topics
Service of Documents, Appeals, Maintenance Orders
Civil Procedure Service of Documents Appeals Maintenance Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Cain

Appellant

Cain

Respondent

Procedural Posture

Application for Special Leave to Appeal / Decision on Application for Special Leave

Legal Issues

  1. 1 Whether service of the notice of appeal and special case on the solicitor for the respondent was sufficient under sec. 105 of the Justices Act 1902 (N.S.W.) as amended
  2. 2 Whether objection to service was waived by appearance in Chambers
  3. 3 Whether special leave to appeal should be granted where the matter at issue is not determinable by appeal

Ratio Decidendi

Special leave to appeal is refused because an appeal from the decision of the Full Court would not resolve the substantive question in dispute between the parties, which concerns the correctness of the Magistrate’s decision and could only be determined by instituting fresh proceedings.

Court Disposition

special leave to appeal refused

Orders

  • special leave to appeal refused