Lal v Patel; Patel v Lal (No 2) [2012] NSWCA 226

The Notice of Appeal was struck out as incompetent and leave to appeal was dismissed because the respondent satisfied the Court's concern regarding proper participation of H Lal & Associates Pty Ltd and The Lal Property Family Trust, and no issue of principle was raised to warrant granting leave to appeal.

Parties: First Applicant: Patricia Lal; Second Applicant: Hasmukh Lal; Respondent: Jaswanti Patel
Jurisdiction: Australia
Judgment Date: 26 July 2012
Procedural Posture: Appeal / Application for Leave to Appeal and Competency of Notice of Appeal
Outcome: Notice of Appeal struck out as incompetent; application for leave to appeal dismissed with costs.
Legal Topics: Appeal, Interlocutory Application, Competency of Notice of Appeal

Civil Procedure Appeal Interlocutory Application Competency of Notice of Appeal

Case Brief

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Parties

Patricia Lal

First Applicant

Hasmukh Lal

Second Applicant

Jaswanti Patel

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Competency of Notice of Appeal

Legal Issues

1 Whether the Notice of Appeal was competent
2 Whether leave to appeal should be granted

Ratio Decidendi

Court Disposition

Notice of Appeal struck out as incompetent; application for leave to appeal dismissed with costs.

Orders

Strike out the Notice of Appeal as incompetent.
Order the appellants to pay the respondent's costs of the appeal.