TOOWOOMBA FOUNDRY PTY. LTD. V. METCALFE 1/1947
Special leave to appeal should be refused as the issue is dead and only a small amount is involved.
- Parties
- Toowoomba Foundry Pty. Ltd.; Metcalfe
- Jurisdiction
- Australia
- Judgment Date
- 17 June 1947
- Procedural Posture
- Application for Special Leave to Appeal
- Outcome
- application for special leave to appeal refused
Case Brief
Summary, issues, holding and outcome
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Parties
Toowoomba Foundry Pty. Ltd.
Metcalfe
Procedural Posture
Application for Special Leave to Appeal
Legal Issues
- 1 Whether special leave to appeal should be granted in a case not involving an appeal as of right under sec. 39(2)(b) of the Judiciary Act
Ratio Decidendi
Special leave to appeal should be refused as the issue is dead and only a small amount is involved.
Court Disposition
application for special leave to appeal refused
Orders
- appeal struck out as incompetent
- company to pay Metcalfe's costs
Full Case Text
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