Luck v Hunter [2000] FCA 1957

Similar considerations to those in earlier matters applied to the notice of motion for leave to appeal, and both the notice of motion for leave to appeal and the notice of motion for a stay should be struck out with costs.

Jurisdiction: Australia
Judgment Date: 07 December 2000
Procedural Posture: Notices of Motion in Federal Court Proceeding / Determination of Applicant's Notices of Motion for a Stay and for Leave to Appeal
Outcome: The applicant's notices of motion for leave to appeal and for a stay were struck out with costs.
Legal Topics: ['leave to Appeal' 'stay' 'strike Out' 'costs']

['civil Procedure' 'appeals'] ['leave to Appeal' 'stay' 'strike Out' 'costs']

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Procedural Posture

Notices of Motion in Federal Court Proceeding / Determination of Applicant's Notices of Motion for a Stay and for Leave to Appeal

Legal Issues

1 ["Whether the applicant's notice of motion for leave to appeal filed 20 November 2000 should be struck out." "Whether the applicant's notice of motion for a stay filed 3 November 2000 should be struck out."]

Ratio Decidendi

Court Disposition

The applicant's notices of motion for leave to appeal and for a stay were struck out with costs.

Orders

["The applicant's notice of motion for leave to appeal filed 20 November 2000 be struck out." "The applicant pay the respondent's costs of and incidental to the notice of motion for leave to appeal." "The applicant's notice of motion for a stay filed 3 November 2000 be struck out." "The applicant pay the...