HASTIE v NIXON t/as MONTEITH WOOLS [1990] NSWCA 87

Summary judgment obtained on a notice of motion is not an 'action' as defined by binding authorities; therefore, no right of appeal lies to the Supreme Court in such circumstances.

Parties: Appellant: Hastie; Respondent: Nixon t/as Monteith Wools
Jurisdiction: Australia
Judgment Date: 03 September 1990
Procedural Posture: Appeal / Motion to Strike Out Appeal
Outcome: appeal struck out

Case Brief

Summary, issues, holding and outcome

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Parties

Hastie

Appellant

Nixon t/as Monteith Wools

Respondent

Procedural Posture

Appeal / Motion to Strike Out Appeal

Legal Issues

1 Whether appeal lies to Supreme Court from District Court summary judgment entered on a notice of motion,
2 Whether the proceedings are vexatious or oppressive due to multiple concurrent proceedings seeking same relief

Ratio Decidendi

Summary judgment obtained on a notice of motion is not an 'action' as defined by binding authorities; therefore, no right of appeal lies to the Supreme Court in such circumstances.

Court Disposition

appeal struck out

Orders

Orders 3 and 4 as sought in the notice of motion of 6 August 1990 are made