Tyree v Ward [2015] NSWCA 296

Tyree v Ward [2015] NSWCA 296

Leave to appeal was refused because the applicant failed to demonstrate any error by the primary judge, raised no issue of principle, and did not establish injustice if leave was refused. The orders below did not preclude attempts to replead, but no sustainable case apart from the family provision claim was identified.

Jurisdiction
Australia
Judgment Date
30 September 2015
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision
Outcome
Leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'interlocutory Decisions' 'amendment of Pleadings' 'succession']
['practice and Procedure'] ['leave to Appeal' 'interlocutory Decisions' 'amendment of Pleadings' 'succession']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision

Legal Issues

  1. 1 ['Whether the applicant should be granted leave to appeal from the interlocutory decision refusing leave to file a third version of the statement of claim' 'Whether the primary judge erred in refusing leave to amend the statement of claim' 'Whether there is an issue of principle or injustice if leave is refused']

Ratio Decidendi

Leave to appeal was refused because the applicant failed to demonstrate any error by the primary judge, raised no issue of principle, and did not establish injustice if leave was refused. The orders below did not preclude attempts to replead, but no sustainable case apart from the family provision claim was identified.

Court Disposition

Leave to appeal dismissed with costs.

Orders

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