LAM v RHODES [1994] NSWCA 175

LAM v RHODES [1994] NSWCA 175

The application for leave to appeal is dismissed because within the court's discretion, the case is not appropriate for leave (notwithstanding the fact that dismissal does not prevent pursuit of an appeal as of right if available).

Parties
Plaintiff: LAM; Defendant: RHODES; Insurer's Representative: Mr Shore
Jurisdiction
Australia
Judgment Date
30 May 1994
Procedural Posture
Motor Vehicle Accident Damages Assessment / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Motor Vehicle Accident, Damages Assessment, Leave to Appeal
Torts Civil Procedure Motor Vehicle Accident Damages Assessment Leave to Appeal

Case Brief

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Parties

LAM

Plaintiff

RHODES

Defendant

Mr Shore

Insurer's Representative

Procedural Posture

Motor Vehicle Accident Damages Assessment / Application for Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from District Court judgment assessing damages for motor vehicle accident injuries
  2. 2 Whether appeal lies as of right under District Court Act

Ratio Decidendi

The application for leave to appeal is dismissed because within the court's discretion, the case is not appropriate for leave (notwithstanding the fact that dismissal does not prevent pursuit of an appeal as of right if available).

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal be dismissed with costs.