PROMENADE INVESTMENTS PTY LTD v STATE OF NEW SOUTH WALES [1991] NSWCA 227

PROMENADE INVESTMENTS PTY LTD v STATE OF NEW SOUTH WALES [1991] NSWCA 227

Leave to appeal is granted, and claimant is allowed a short extension to file notice of appeal, with the substantive issue as to appeal rights reserved for determination at the full appeal.

Parties
Claimant: Promenade Investments Pty Ltd; Opponent: State of New South Wales
Jurisdiction
Australia
Judgment Date
22 July 1991
Procedural Posture
Appeal / Leave to Appeal Granted; Preliminary Procedural Orders
Outcome
Leave to appeal granted; time extension granted; costs reserved; expedition ordered; written submissions ordered; substantive objection to appeal competence reserved.
Legal Topics
Leave to Appeal, Challenge to Arbitration Award, Right of Appeal, Jurisdiction and Appellate Competence
Practice and Procedure Arbitration Leave to Appeal Challenge to Arbitration Award Right of Appeal Jurisdiction and Appellate Competence

Case Brief

Summary, issues, holding and outcome

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Parties

Promenade Investments Pty Ltd

Claimant

State of New South Wales

Opponent

Procedural Posture

Appeal / Leave to Appeal Granted; Preliminary Procedural Orders

Legal Issues

  1. 1 Whether appeal lies under Luna Park Site Act 1990 or Commercial Arbitration Act 1984
  2. 2 Whether leave to appeal is required
  3. 3 Whether claimant is entitled to appeal as of right

Ratio Decidendi

Leave to appeal is granted, and claimant is allowed a short extension to file notice of appeal, with the substantive issue as to appeal rights reserved for determination at the full appeal.

Court Disposition

Leave to appeal granted; time extension granted; costs reserved; expedition ordered; written submissions ordered; substantive objection to appeal competence reserved.

Orders

  • Leave to appeal granted.
  • Costs of the summons for leave to appeal to be determined by the Court hearing the appeal.