ABIGROUP Ltd v TRANSFIX REINFORCING PTY LTD [1992] NSWCA 3

Leave to appeal is refused as the decision on the separated question depended on factual conclusions based on witness credibility, and no palpable error by the trial judge is demonstrated.

Parties: Claimant: ABIGROUP Ltd; Opponent: TRANSFIX REINFORCING PTY LTD
Jurisdiction: Australia
Judgment Date: 02 June 1992
Procedural Posture: Appeal / Application for Leave to Appeal From Separated Question
Outcome: Leave to appeal refused
Legal Topics: Leave to Appeal, Challenging Factual Determinations, Separated Questions, Costs

Practice and Procedure Leave to Appeal Challenging Factual Determinations Separated Questions Costs

Case Brief

Summary, issues, holding and outcome

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Parties

ABIGROUP Ltd

Claimant

TRANSFIX REINFORCING PTY LTD

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal From Separated Question

Legal Issues

1 Whether leave to appeal should be granted from the determination of a separated question
2 Whether the trial judge's acceptance of witness evidence involved error justifying leave to appeal

Ratio Decidendi

Leave to appeal is refused as the decision on the separated question depended on factual conclusions based on witness credibility, and no palpable error by the trial judge is demonstrated.

Court Disposition

Leave to appeal refused

Orders

Summons for leave to appeal dismissed
Claimant to pay opponent's costs