Licul v Corney [1976] HCA 6

Licul v Corney [1976] HCA 6

The appeal as of right was incompetent because the Full Court's order was interlocutory, not final: it set aside interlocutory orders concerning service but did not finally dispose of the parties' substantive rights, as the original County Court proceedings remained on foot and could potentially proceed if time for service were extended on a proper application. The majority found no sufficient reason to grant leave or special leave.

Jurisdiction
Australia
Procedural Posture
Appeal to the High Court Concerning Competency and Applications for Leave or Special Leave in Personal Injury Proceedings / Objection to Competency of Appeal and Applications for Special Leave or Leave to Appeal From the Full Court of the Supreme Court of Victoria
Outcome
Objection to competency allowed; appeal dismissed with costs as incompetent; applications for special leave or leave to appeal refused.
Legal Topics
['final or Interlocutory Order' 'appeal as of Right' 'special Leave to Appeal' 'extension of Time for Service of Summons' 'substituted Service' 'service and Execution of Process Act Requirements']
['civil Procedure' 'appellate Procedure' 'service of Process' 'personal Injury Negligence'] ['final or Interlocutory Order' 'appeal as of Right' 'special Leave to Appeal' 'extension of Time for Service of Summons' 'substituted Service' 'service and Execution of Process Act Requirements']

Case Brief

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Procedural Posture

Appeal to the High Court Concerning Competency and Applications for Leave or Special Leave in Personal Injury Proceedings / Objection to Competency of Appeal and Applications for Special Leave or Leave to Appeal From the Full Court of the Supreme Court of Victoria

Legal Issues

  1. 1 ['Whether the order of the Full Court of the Supreme Court of Victoria was a final order within s. 35(1)(a) of the Judiciary Act 1903 Cth so as to support an appeal as of right.' 'Whether the appellants required leave or special leave to appeal.' 'Whether leave or special leave should be granted in circumstances involving defective service, substituted service, and possible extension of time for service of the original summonses.']

Ratio Decidendi

The appeal as of right was incompetent because the Full Court's order was interlocutory, not final: it set aside interlocutory orders concerning service but did not finally dispose of the parties' substantive rights, as the original County Court proceedings remained on foot and could potentially proceed if time for service were extended on a proper application. The majority found no sufficient reason to grant leave or special leave.

Court Disposition

Objection to competency allowed; appeal dismissed with costs as incompetent; applications for special leave or leave to appeal refused.

Orders

  • ['Objection to competency allowed.' 'Appeal dismissed with costs as incompetent.' 'Applications for special leave or leave to appeal refused.']