Crowley v Glissan [1905] HCA 13

Leave to appeal from the interlocutory order refusing a rule nisi is unnecessary because on an appeal from the final judgment, all grounds raised earlier in the proceedings are open to the appellant.

Parties: Plaintiff: Glissan; Defendant: Crowley
Jurisdiction: Australia
Judgment Date: 09 May 1905
Procedural Posture: Appeal / Application for Leave to Appeal Procedural
Outcome: Leave to appeal refused as unnecessary.
Legal Topics: Leave to Appeal, Interlocutory Orders, New Trial Procedure

Civil Procedure Leave to Appeal Interlocutory Orders New Trial Procedure

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Glissan

Plaintiff

Crowley

Defendant

Procedural Posture

Appeal / Application for Leave to Appeal Procedural

Legal Issues

1 Whether leave is necessary to appeal from an interlocutory order refusing a rule nisi for a new trial when appealing from the final judgment.

Ratio Decidendi

Leave to appeal from the interlocutory order refusing a rule nisi is unnecessary because on an appeal from the final judgment, all grounds raised earlier in the proceedings are open to the appellant.

Court Disposition

Leave to appeal refused as unnecessary.