GMCA Pty Ltd v Black & Decker Inc [2007] FCA 1680

GMCA Pty Ltd v Black & Decker Inc [2007] FCA 1680

Leave to appeal was refused because there was no arguable case that the discretion miscarried and the procedural integrity of the court process outweighed admitting late evidence.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Application for Leave to Appeal Interlocutory Judgment / Leave to Appeal From Interlocutory Judgment Refused
Outcome
Application for leave to appeal from interlocutory judgment dismissed. Appellant's motion dismissed with costs.
Legal Topics
['leave to Appeal' 'interlocutory Judgment' 'evidence Filed Out of Time']
['practice and Procedure'] ['leave to Appeal' 'interlocutory Judgment' 'evidence Filed Out of Time']

Case Brief

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Procedural Posture

Application for Leave to Appeal Interlocutory Judgment / Leave to Appeal From Interlocutory Judgment Refused

Legal Issues

  1. 1 ['Whether leave should be granted to appeal an interlocutory judgment refusing leave to rely on evidence filed out of time']

Ratio Decidendi

Leave to appeal was refused because there was no arguable case that the discretion miscarried and the procedural integrity of the court process outweighed admitting late evidence.

Court Disposition

Application for leave to appeal from interlocutory judgment dismissed. Appellant's motion dismissed with costs.

Orders

  • ['The application for leave to appeal from the interlocutory judgment of Finkelstein J is dismissed.' "The appellant's motion dated 26 October 2007 is dismissed with costs."]