SIGMA METALLURGICAL COMPANY PTY LIMITED v SHANGHAI FOREIGN TRADE CORPORATION [1996] NSWCA 477
The application was dismissed because the claimant did not appear, and the Court was satisfied that the non-attendance was deliberate and that the claimant had no intention of pursuing the matter.
- Parties
- Claimant: SIGMA METALLURGICAL COMPANY PTY LIMITED; Opponent: SHANGHAI FOREIGN TRADE CORPORATION
- Jurisdiction
- Australia
- Judgment Date
- 21 October 1996
- Procedural Posture
- Application for Leave to Appeal / Application for Leave to Appeal Before the Court of Appeal
- Outcome
- summons dismissed with costs
Case Brief
Summary, issues, holding and outcome
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Parties
SIGMA METALLURGICAL COMPANY PTY LIMITED
Claimant
SHANGHAI FOREIGN TRADE CORPORATION
Opponent
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Before the Court of Appeal
Legal Issues
- 1 Whether to grant leave to appeal in the absence of the applicant
Ratio Decidendi
The application was dismissed because the claimant did not appear, and the Court was satisfied that the non-attendance was deliberate and that the claimant had no intention of pursuing the matter.
Court Disposition
summons dismissed with costs
Orders
- The claimant's summons is dismissed with costs.
Full Case Text
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