THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY v HUGHES BROS PTY LTD [1998] NSWCA 232

THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY v HUGHES BROS PTY LTD [1998] NSWCA 232

Leave to appeal was refused because the exercise of judicial discretion under s76E(4) did not demonstrate sufficient doubt or error.

Parties
Claimant: THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY; Defendant: HUGHES BROS PTY LTD
Jurisdiction
Australia
Judgment Date
16 February 1998
Procedural Posture
Application for Leave to Appeal / Interlocutory Appeal
Outcome
leave refused
Legal Topics
Interim Payment, Leave to Appeal, Exercise of Judicial Discretion
Civil Procedure Interim Payment Leave to Appeal Exercise of Judicial Discretion

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Parties

THE TRUSTEES OF THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF SYDNEY

Claimant

HUGHES BROS PTY LTD

Defendant

Procedural Posture

Application for Leave to Appeal / Interlocutory Appeal

Legal Issues

  1. 1 Whether leave should be granted to appeal the interlocutory order for interim payment under s76E of the Supreme Court Act 1970
  2. 2 Proper exercise of judicial discretion under s76E(4)
  3. 3 Construction and ambit of s76E Supreme Court Act 1970

Ratio Decidendi

Leave to appeal was refused because the exercise of judicial discretion under s76E(4) did not demonstrate sufficient doubt or error.

Court Disposition

leave refused

Orders

  • Leave to appeal refused with costs