HENRICKS v AGNEW [1997] NSWCA 146

HENRICKS v AGNEW [1997] NSWCA 146

Leave to appeal was granted to allow the Court to fully examine the proposition that the Selida case bound the trial judge to apply the criteria set out in it. The appeal is to proceed without restrictions and with expedition, so as not to delay the eventual trial if the appeal is successful.

Parties
Applicant: Henricks; Respondent: Agnew
Jurisdiction
Australia
Judgment Date
19 May 1997
Procedural Posture
Appeal / Application for Leave to Appeal Granted
Outcome
Leave to appeal granted; costs in the application are costs in the appeal; the appeal to be expedited

Case Brief

Summary, issues, holding and outcome

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Parties

Henricks

Applicant

Agnew

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Granted

Legal Issues

  1. 1 Whether the trial judge was bound to apply the criteria set out in the Selida case

Ratio Decidendi

Leave to appeal was granted to allow the Court to fully examine the proposition that the Selida case bound the trial judge to apply the criteria set out in it. The appeal is to proceed without restrictions and with expedition, so as not to delay the eventual trial if the appeal is successful.

Court Disposition

Leave to appeal granted; costs in the application are costs in the appeal; the appeal to be expedited

Orders

  • Leave to appeal granted
  • Appeal to be listed in next callover list of the Registrar