COHEN v BELGRAVE INDUSTRIES PTY LTD [1992] NSWCA 43

Whether or not there was a procedural error in the supplementary reasons, it did not affect the correctness of the final judgment, and accordingly leave to appeal should be refused.

Parties: Claimant: Cohen; Opponent: Belgrave Industries Pty Ltd
Jurisdiction: Australia
Judgment Date: 01 June 1992
Procedural Posture: Application for Leave to Appeal / Court of Appeal Determination
Outcome: leave to appeal refused
Legal Topics: Error in Original Reasons, Supplementary Reasons, Procedural Error, Opportunity for Additional Submissions

Practice and Procedure Error in Original Reasons Supplementary Reasons Procedural Error Opportunity for Additional Submissions

Case Brief

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Parties

Cohen

Claimant

Belgrave Industries Pty Ltd

Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination

Legal Issues

1 whether a procedural error occurred when the judge issued supplementary reasons without affording opportunity for additional submissions
2 whether any error in procedure affected the correctness of the judgment

Ratio Decidendi

Whether or not there was a procedural error in the supplementary reasons, it did not affect the correctness of the final judgment, and accordingly leave to appeal should be refused.

Court Disposition

leave to appeal refused

Orders

summons for leave to appeal dismissed
claimant to pay opponent's costs