Mihnyak, G & Anor v Campbell, Mark & Anor [1997] FCA 181

Mihnyak, G & Anor v Campbell, Mark & Anor [1997] FCA 181

No arguable error is shown in the judgment of Davies J regarding breach of s 42 Fair Trading Act 1987 (NSW) or the damages assessment, and no 'special reasons' warranting extension of time to appeal exist; both motions are dismissed.

Jurisdiction
Australia
Judgment Date
19 May 1997
Procedural Posture
Motions / Post Judgment; Applications for Extension of Time to Appeal and Stay of Execution
Outcome
Both motions dismissed with costs.
Legal Topics
['extension of Time to Appeal' 'stay of Execution' 'misrepresentation' 'damages' 'fair Trading Act 1987 (nsw)']
['civil Law'] ['extension of Time to Appeal' 'stay of Execution' 'misrepresentation' 'damages' 'fair Trading Act 1987 (nsw)']

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Procedural Posture

Motions / Post Judgment; Applications for Extension of Time to Appeal and Stay of Execution

Legal Issues

  1. 1 ["Whether 'special reasons' exist for extension of time to appeal under Order 52 sub-rule 15(2)" 'Whether a stay of execution should be granted pending appeal' 'Whether there is an arguable error in finding breach of s 42 Fair Trading Act 1987 (NSW)' 'Whether there is an arguable error in assessment of damages']

Ratio Decidendi

No arguable error is shown in the judgment of Davies J regarding breach of s 42 Fair Trading Act 1987 (NSW) or the damages assessment, and no 'special reasons' warranting extension of time to appeal exist; both motions are dismissed.

Court Disposition

Both motions dismissed with costs.

Orders

  • ['Motion for leave to file and serve notice of appeal out of time dismissed with costs.' 'Motion for stay of execution of orders made by Davies J on 19 December 1996 dismissed with costs.']