STATE RAIL AUTHORITY OF NEW SOUTH WALES v SUNDERLAND [1992] NSWCA 241

STATE RAIL AUTHORITY OF NEW SOUTH WALES v SUNDERLAND [1992] NSWCA 241

The application for leave to appeal is dismissed as premature because discretionary decisions remain to be determined at first instance and the issues raised can be raised in an appeal against any final judgment.

Parties
Claimant: State Rail Authority of New South Wales; Opponent: Sunderland
Jurisdiction
Australia
Judgment Date
07 December 1992
Procedural Posture
Summons for Leave to Appeal / Interlocutory Application
Outcome
summons for leave to appeal dismissed as premature; costs to the opponent
Legal Topics
Leave to Appeal, Prematurity, Enlargement of Defence
Limitations Leave to Appeal Prematurity Enlargement of Defence

Case Brief

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Parties

State Rail Authority of New South Wales

Claimant

Sunderland

Opponent

Procedural Posture

Summons for Leave to Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether the right of action is extinguished due to limitations
  2. 2 Whether equitable and other remedies are available to restrain late enlargement of defence
  3. 3 Whether leave to appeal should be granted at this stage

Ratio Decidendi

The application for leave to appeal is dismissed as premature because discretionary decisions remain to be determined at first instance and the issues raised can be raised in an appeal against any final judgment.

Court Disposition

summons for leave to appeal dismissed as premature; costs to the opponent

Orders

  • Summons for leave to appeal dismissed
  • Claimant to pay the opponent's costs of the summons