RIZZUTI v SAAD [1993] NSWCA 237
No adequate explanation for the delay in bringing the appeal; prospects of success are poor due to credibility findings by the primary judge; the trivial nature of damages makes the appeal futile, and no error has been shown in the orders of Cripps JA.
- Parties
- Claimant: Ernesto Rizzuti; Opponents: Saad family
- Jurisdiction
- Australia
- Judgment Date
- 26 July 1993
- Procedural Posture
- Application to Discharge or Vary Judgment, Application to Extend Time to Appeal / Court of Appeal – Review of a Single Judge's Order
- Outcome
- Motions dismissed with costs.
- Legal Topics
- Extension of Time to Appeal, Assessment of Witness Credibility, Review of Single Judge's Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Ernesto Rizzuti
Claimant
Saad family
Opponents
Procedural Posture
Application to Discharge or Vary Judgment, Application to Extend Time to Appeal / Court of Appeal – Review of a Single Judge's Order
Legal Issues
- 1 Whether an adequate explanation exists for delay in bringing appeal
- 2 Whether there are grounds to discharge or vary the single Judge's orders
- 3 Whether appeal is futile given assessment of credibility and trivial damages
Ratio Decidendi
No adequate explanation for the delay in bringing the appeal; prospects of success are poor due to credibility findings by the primary judge; the trivial nature of damages makes the appeal futile, and no error has been shown in the orders of Cripps JA.
Court Disposition
Motions dismissed with costs.
Orders
- Motion for discharge or variation of judgment of Cripps JA of 21 June 1993 dismissed with costs.
- Motion for separate orders directed to the opponents dismissed.
Full Case Text
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