Thomson v Young [2013] NSWCA 300

Thomson v Young [2013] NSWCA 300

There were only slim prospects of the applicant establishing error in the refusal to plead novus actus interveniens; the applicant did not show the required special case nor requisite injustice for interlocutory interference, and therefore the application for a stay was dismissed.

Parties
Applicant: Colleen Joy Thomson; Respondent: Ella Anne Young
Jurisdiction
Australia
Judgment Date
05 September 2013
Procedural Posture
Interlocutory Application / Notice of Motion Seeking Stay Pending Leave to Appeal
Outcome
Notice of Motion dismissed with costs
Legal Topics
Stay of Proceedings, Amendment of Pleadings, Leave to Appeal, Novus Actus Interveniens
Practice and Procedure Stay of Proceedings Amendment of Pleadings Leave to Appeal Novus Actus Interveniens

Case Brief

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Parties

Colleen Joy Thomson

Applicant

Ella Anne Young

Respondent

Procedural Posture

Interlocutory Application / Notice of Motion Seeking Stay Pending Leave to Appeal

Legal Issues

  1. 1 Whether a stay of proceedings in the District Court should be granted pending determination of a summons seeking leave to appeal
  2. 2 Whether the evidence and pleadings establish an arguable case of novus actus interveniens

Ratio Decidendi

There were only slim prospects of the applicant establishing error in the refusal to plead novus actus interveniens; the applicant did not show the required special case nor requisite injustice for interlocutory interference, and therefore the application for a stay was dismissed.

Court Disposition

Notice of Motion dismissed with costs

Orders

  • Notice of Motion dated 4 September 2013 dismissed
  • The applicant to pay the respondent's costs of the Notice of Motion