Posselt v Wolfenden [1998] FCA 1553

Posselt v Wolfenden [1998] FCA 1553

Leave to appeal is refused because interlocutory procedures and provision of particulars and witness statements are adequate to address any prejudice, and the primary judge’s decisions are not attended by sufficient doubt to justify granting leave.

Parties
First Applicant: Allan John Posselt; First Applicant: Lynette Janice Posselt; Second Applicant: Lavar Pty Ltd; First Respondent: Kenneth James Wolfenden; Second Respondent: Wayne Patrick Warrick; Third Respondent: William Arthur Headley; Fourth Respondent: Prudential Assurance Company Limited; Fifth Respondent: William Workman
Jurisdiction
Australia
Judgment Date
19 November 1998
Procedural Posture
Application for Leave to Appeal / Interlocutory Application, Ex Tempore Judgment
Outcome
Application for leave to appeal dismissed
Legal Topics
Interlocutory Processes, Strike Out Applications, Pleadings, Leave to Appeal
Civil Procedure Interlocutory Processes Strike Out Applications Pleadings Leave to Appeal

Case Brief

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Parties

Allan John Posselt

First Applicant

Lynette Janice Posselt

First Applicant

Lavar Pty Ltd

Second Applicant

Kenneth James Wolfenden

First Respondent

Wayne Patrick Warrick

Second Respondent

William Arthur Headley

Third Respondent

Prudential Assurance Company Limited

Fourth Respondent

William Workman

Fifth Respondent

Procedural Posture

Application for Leave to Appeal / Interlocutory Application, Ex Tempore Judgment

Legal Issues

  1. 1 Whether leave to appeal should be granted in relation to interlocutory orders concerning pleadings and particulars

Ratio Decidendi

Leave to appeal is refused because interlocutory procedures and provision of particulars and witness statements are adequate to address any prejudice, and the primary judge’s decisions are not attended by sufficient doubt to justify granting leave.

Court Disposition

Application for leave to appeal dismissed

Orders

  • The application for leave to appeal is dismissed.
  • The fourth respondent is to pay the applicants' costs of the application, to be taxed and paid forthwith.