LITHGOW DISTRICT HOSPITAL v MILLER [1994] NSWCA 184

LITHGOW DISTRICT HOSPITAL v MILLER [1994] NSWCA 184

The Court held, apparently, that the order is interlocutory and requires leave; accordingly, the motion for extension of time and the summons for leave are to be heard with the purported appeal.

Parties
Claimant: Lithgow District Hospital; Opponent: Miller
Jurisdiction
Australia
Judgment Date
10 October 1994
Procedural Posture
Leave to Appeal Application / Interlocutory Motion
Outcome
Motion stood over to be heard with the summons; claimant to file summons within fourteen days; costs of today to be costs in the proceedings.
Legal Topics
Leave to Appeal, Interlocutory Orders, Extension of Time
Practice and Procedure Leave to Appeal Interlocutory Orders Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Lithgow District Hospital

Claimant

Miller

Opponent

Procedural Posture

Leave to Appeal Application / Interlocutory Motion

Legal Issues

  1. 1 Whether leave to appeal is required from an order of the District Court Judge granting a new trial
  2. 2 Whether an extension of time to file a summons for leave to appeal should be granted

Ratio Decidendi

The Court held, apparently, that the order is interlocutory and requires leave; accordingly, the motion for extension of time and the summons for leave are to be heard with the purported appeal.

Court Disposition

Motion stood over to be heard with the summons; claimant to file summons within fourteen days; costs of today to be costs in the proceedings.

Orders

  • That the motion stand over to be heard with the summons;
  • That the claimant have fourteen days within which to file a summons, which will be filed without prejudice to the claimant's contention that leave to appeal is not required and that it has an appeal as of right;