GULABRAI v MATHEW [1995] NSWCA 187

GULABRAI v MATHEW [1995] NSWCA 187

The summons challenging the 6 September 1994 orders is premature as final orders have not yet been made by the Master; thus, leave to appeal should not be granted at this time. The summons regarding the 22 August 1994 costs order may be stood over. Costs of the current hearing day are to be paid by the claimant as proceedings were premature or could have been brought elsewhere.

Parties
Claimant: Gulabrai; Opponent: Mathew
Jurisdiction
Australia
Judgment Date
03 April 1995
Procedural Posture
Appeal / Motion for Leave to Appeal; Interlocutory Application
Outcome
Summons (re leave to appeal 22 August 1994 order) stood over; Summons (re 6 September 1994 order) dismissed; Costs orders as specified.
Legal Topics
Leave to Appeal, Premature Summons, Costs, Stay of Execution
Practice and Procedure Leave to Appeal Premature Summons Costs Stay of Execution

Case Brief

Summary, issues, holding and outcome

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Parties

Gulabrai

Claimant

Mathew

Opponent

Procedural Posture

Appeal / Motion for Leave to Appeal; Interlocutory Application

Legal Issues

  1. 1 Whether leave to appeal should be granted for challenges to the orders of Brownie J dated 22 August 1994 (indemnity costs) and 6 September 1994 (remittal for damages determination)
  2. 2 Whether the application for a stay of execution on costs orders should be dealt with by this Court

Ratio Decidendi

The summons challenging the 6 September 1994 orders is premature as final orders have not yet been made by the Master; thus, leave to appeal should not be granted at this time. The summons regarding the 22 August 1994 costs order may be stood over. Costs of the current hearing day are to be paid by the claimant as proceedings were premature or could have been brought elsewhere.

Court Disposition

Summons (re leave to appeal 22 August 1994 order) stood over; Summons (re 6 September 1994 order) dismissed; Costs orders as specified.

Orders

  • Stand over summons for leave to appeal regarding Brownie J's order of 22 August 1994 to a later date to be fixed.
  • Dismiss summons challenging Brownie J's orders of 6 September 1994.