Dandashli v Dandashli [1999] NSWCA 321

Dandashli v Dandashli [1999] NSWCA 321

Leave to appeal out of time is granted as the non-compliance with rules was technical, the appeal is not hopeless, no prejudice is asserted, and the avoidance of injustice guides the decision.

Parties
Claimant: Osama Dandashli; Opponent: Haidar Dandashli
Jurisdiction
Australia
Judgment Date
09 September 1999
Procedural Posture
Appeal / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time granted
Legal Topics
Leave to Appeal Out of Time, Psychiatric Injury, Motor Vehicle Accident
Civil Procedure Personal Injury Leave to Appeal Out of Time Psychiatric Injury Motor Vehicle Accident

Case Brief

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Parties

Osama Dandashli

Claimant

Haidar Dandashli

Opponent

Procedural Posture

Appeal / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether leave should be granted to appeal out of time
  2. 2 Causation of psychiatric injury in relation to motor vehicle accident
  3. 3 Whether trial judge erred in factual findings regarding causation and symptoms

Ratio Decidendi

Leave to appeal out of time is granted as the non-compliance with rules was technical, the appeal is not hopeless, no prejudice is asserted, and the avoidance of injustice guides the decision.

Court Disposition

Leave to appeal out of time granted

Orders

  • Leave to appeal out of time granted
  • Costs to be respondent's costs in the appeal