M & H J Webb Pty Ltd v M N Armour & Anor [1999] NSWCA 203

M & H J Webb Pty Ltd v M N Armour & Anor [1999] NSWCA 203

No error in the exercise of the judge's discretion was shown; leave to appeal should be refused as the appeal would have no prospect of success.

Jurisdiction
Australia
Judgment Date
17 June 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
application for leave to appeal refused
Legal Topics
['judgment Debt' 'payment by Instalments' 'discretion to Rescind Order']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

  1. 1 ["Whether there was an error in the judge's exercise of discretion in refusing to rescind the Registrar's order for payment by instalments"]

Ratio Decidendi

No error in the exercise of the judge's discretion was shown; leave to appeal should be refused as the appeal would have no prospect of success.

Court Disposition

application for leave to appeal refused

Orders

  • ['Extend the time to apply for leave to appeal until today.' 'Refuse the application for leave to appeal.' "Order the claimant to pay the opponents' costs of the applications."]