Garth Barnett Interior Design Pty Ltd v Ellis [2009] NSWCA 193

Garth Barnett Interior Design Pty Ltd v Ellis [2009] NSWCA 193

Leave to appeal was refused because no error of principle was established in the trial judge's order granting preliminary discovery, and the other relevant considerations did not support an appellate intervention.

Jurisdiction
Australia
Judgment Date
29 June 2009
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Hearing
Outcome
Leave to appeal refused with costs
Legal Topics
['preliminary Discovery' 'appeals' 'interlocutory Orders']
['civil Procedure'] ['preliminary Discovery' 'appeals' 'interlocutory Orders']

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal Hearing

Legal Issues

  1. 1 ['Whether leave to appeal should be granted against an order for preliminary discovery' 'Whether the respondents had insufficient information to decide whether to commence proceedings']

Ratio Decidendi

Leave to appeal was refused because no error of principle was established in the trial judge's order granting preliminary discovery, and the other relevant considerations did not support an appellate intervention.

Court Disposition

Leave to appeal refused with costs

Orders

  • ['Leave to appeal refused with costs']