TOOWOOMBA FOUNDRY PTY. LTD. V. METCALFE 1/1947

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

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Parties

Toowoomba Foundry Pty. Ltd.

Metcalfe

Procedural Posture

Application for Special Leave to Appeal

  1. 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