AUCKLAND AGRICULTURAL PASTORAL AND INDUSTRIAL SHOWS BOARD v SHARP [1998] NSWCA 22

AUCKLAND AGRICULTURAL PASTORAL AND INDUSTRIAL SHOWS BOARD v SHARP [1998] NSWCA 22

Given the delay, lack of clarity as to the nature of the proceedings and claims, and the plaintiff's age and illness, the Court was not persuaded that leave to appeal should be granted against Barr J's decision to vacate the hearing date and expedite the proceedings.

Parties
Claimant/cross Defendant: Auckland Agricultural Pastoral & Industrial Shows Board; Plaintiff/first Respondent: Beverley Sharp; Defendant/second Respondent: Thompson Australian Holdings Pty Limited
Jurisdiction
Australia
Judgment Date
04 August 1998
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal Against Interlocutory Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Forum Non Conveniens, Jurisdiction, Cross Claims, Private International Law
Contract Tort Conflict of Laws Forum Non Conveniens Jurisdiction Cross Claims Private International Law

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Parties

Auckland Agricultural Pastoral & Industrial Shows Board

Claimant/cross Defendant

Beverley Sharp

Plaintiff/first Respondent

Thompson Australian Holdings Pty Limited

Defendant/second Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal Against Interlocutory Decision

Legal Issues

  1. 1 Whether Barr J's decision to vacate the hearing date and expedite proceedings should be subject to leave to appeal
  2. 2 Whether issues of jurisdiction and forum non conveniens should be determined before the substantive hearing

Ratio Decidendi

Given the delay, lack of clarity as to the nature of the proceedings and claims, and the plaintiff's age and illness, the Court was not persuaded that leave to appeal should be granted against Barr J's decision to vacate the hearing date and expedite the proceedings.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.