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
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Legal Issues
- 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."]
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