Young v Cooke [2013] NSWCA 79
The primary judge did not err in finding that, on the facts pleaded and argued before him, there was no total deprivation of liberty amounting to false imprisonment, and no error was shown in exercising the discretion to order costs to be paid forthwith for the discrete issue decided.
- Jurisdiction
- Australia
- Judgment Date
- 28 March 2013
- Procedural Posture
- Interlocutory Application / Leave to Appeal (refused)
- Outcome
- Leave to appeal refused
- Legal Topics
- ['false Imprisonment' 'costs' 'striking Out Statement of Claim' 'discretion to Allow Repleading']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Leave to Appeal (refused)
Legal Issues
- 1 ['Whether the statement of claim disclosed a pleadable cause of action for false imprisonment' 'Whether the primary judge erred in refusing leave to replead the false imprisonment cause of action' 'Whether the order for costs to be paid forthwith involved an error in the exercise of discretion']
Ratio Decidendi
The primary judge did not err in finding that, on the facts pleaded and argued before him, there was no total deprivation of liberty amounting to false imprisonment, and no error was shown in exercising the discretion to order costs to be paid forthwith for the discrete issue decided.
Court Disposition
Leave to appeal refused
Orders
- ['Leave to appeal refused' "The applicant is to pay the respondents' costs of the motions"]
Full Case Text
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