PRYOR v WESTPAC BANKING CORPORATION [1990] NSWCA 148

PRYOR v WESTPAC BANKING CORPORATION [1990] NSWCA 148

The appeal was struck out because there was no appeal as of right, and leave to appeal was required but not obtained.

Parties
Appellant: Joan Pryor; Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
10 December 1990
Procedural Posture
Appeal / Application to Strike Out Appeal for Want of Leave
Outcome
Appeal struck out for want of leave.

Case Brief

Summary, issues, holding and outcome

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Parties

Joan Pryor

Appellant

Westpac Banking Corporation

Respondent

Procedural Posture

Appeal / Application to Strike Out Appeal for Want of Leave

Legal Issues

  1. 1 Whether the appeal should be struck out due to the absence of leave to appeal
  2. 2 Whether an extension of time and leave to appeal should be granted
  3. 3 Whether a stay of execution of judgment should be ordered pending determination of appeal-related matters

Ratio Decidendi

The appeal was struck out because there was no appeal as of right, and leave to appeal was required but not obtained.

Court Disposition

Appeal struck out for want of leave.

Orders

  • Appeal struck out.
  • The Bank have the costs of this application and of the appeal.