FAI GENERAL INSURANCE COMPANY LIMITED v MURPHY [1993] NSWCA 91

FAI GENERAL INSURANCE COMPANY LIMITED v MURPHY [1993] NSWCA 91

This is not an appropriate case for leave to appeal, and in the circumstances, it is not appropriate for this Court to grant a stay; such application for stay should be made to the High Court itself.

Source-derived case information.

Parties
Applicant: FAI General Insurance Company Limited; First Opponent: Murphy; Second Opponent: Second opponent
Jurisdiction
Australia
Judgment Date
21 July 1993
Procedural Posture
Application for Leave to Appeal / Court of Appeal Leave to Appeal Application
Outcome
Application for leave to appeal dismissed; application for stay refused.
Legal Topics
Appeals, Stay of Orders, Jurisdiction
Civil Procedure Appeals Stay of Orders Jurisdiction

Source-derived case record

Summary, issues, holding and outcome

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Parties

FAI General Insurance Company Limited

Applicant

Murphy

First Opponent

Second opponent

Second Opponent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Leave to Appeal Application

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether the court has jurisdiction to hear the appeal due to statutory provisions
  3. 3 Whether a stay of the order transferring proceedings should be granted

Ratio Decidendi

This is not an appropriate case for leave to appeal, and in the circumstances, it is not appropriate for this Court to grant a stay; such application for stay should be made to the High Court itself.

Court Disposition

Application for leave to appeal dismissed; application for stay refused.

Orders

  • Applicant to pay costs of the application of the first opponent.
  • Second opponent to bear its own costs.