Tal v Carroll & Anor [2004] NSWSC 718

Tal v Carroll & Anor [2004] NSWSC 718

Leave to appeal the interlocutory order substituting assignees as plaintiffs is refused because the order does not finally determine the rights of the parties and no substantial injustice would result from refusal.

Jurisdiction
Australia
Judgment Date
11 August 2004
Procedural Posture
Application for Leave to Appeal (civil, Interlocutory) / Determination of Summons Seeking Leave to Appeal Interlocutory Order
Outcome
Leave to appeal refused; amended summons dismissed; plaintiff to pay defendants' costs.
Legal Topics
['leave to Appeal Interlocutory Order' 'substitution of Parties' 'assignment of Judgment Debt']
['civil Procedure'] ['leave to Appeal Interlocutory Order' 'substitution of Parties' 'assignment of Judgment Debt']

Case Brief

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Procedural Posture

Application for Leave to Appeal (civil, Interlocutory) / Determination of Summons Seeking Leave to Appeal Interlocutory Order

Legal Issues

  1. 1 ['Whether leave should be granted to appeal interlocutory order substituting assignees as plaintiffs after assignment of judgment debt' 'Whether Local Court (Civil Claims) Rules 1988 (NSW) allow substitution post-judgment']

Ratio Decidendi

Leave to appeal the interlocutory order substituting assignees as plaintiffs is refused because the order does not finally determine the rights of the parties and no substantial injustice would result from refusal.

Court Disposition

Leave to appeal refused; amended summons dismissed; plaintiff to pay defendants' costs.

Orders

  • ['Leave to appeal the decision of Emmett LCM is refused.' 'The amended summons filed 24 March 2004 is dismissed.' "The plaintiff is to pay the defendant's costs as agreed or assessed."]