Rubin v Eacott [1912] HCA 55

Rubin v Eacott [1912] HCA 55

Leave to appeal refused as application to set aside interlocutory judgment was unaccompanied by affidavit of merits, rendering the proposed appeal hopeless.

Parties
Plaintiff: Joseph John Eacott; Defendant: Rubin
Jurisdiction
Australia
Judgment Date
23 August 1912
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment of Supreme Court of Western Australia
Outcome
leave to appeal refused
Legal Topics
Interlocutory Judgments, Appeals, Affidavit of Merits
Civil Procedure Interlocutory Judgments Appeals Affidavit of Merits

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Joseph John Eacott

Plaintiff

Rubin

Defendant

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment of Supreme Court of Western Australia

Legal Issues

  1. 1 Is an affidavit of merits necessary when applying to set aside an interlocutory judgment?
  2. 2 Is it required where the defendant is out of jurisdiction and the principal witness is deceased?

Ratio Decidendi

Leave to appeal refused as application to set aside interlocutory judgment was unaccompanied by affidavit of merits, rendering the proposed appeal hopeless.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal from the Supreme Court of Western Australia refused.