Bateman v Evans [2004] NSWSC 626

Bateman v Evans [2004] NSWSC 626

There was no error in point of law or basis to disturb the magistrate's discretion regarding costs; leave to appeal and extension of time should not be granted as the appeal lacked merit.

Jurisdiction
Australia
Judgment Date
16 July 2004
Procedural Posture
Appeal From Local Court / Application for Leave to Appeal and Extension of Time
Outcome
Summons dismissed; plaintiff to pay costs of the summons.
Legal Topics
['costs' 'extension of Time' 'appeal on Costs' 'bullock Order']
['civil Procedure'] ['costs' 'extension of Time' 'appeal on Costs' 'bullock Order']

Case Brief

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Procedural Posture

Appeal From Local Court / Application for Leave to Appeal and Extension of Time

Legal Issues

  1. 1 ["Whether leave to appeal against Local Court's refusal to make a Bullock order should be granted" 'Whether extension of time for appeal on costs should be granted' 'Whether there was error in point of law by the Local Court magistrate regarding costs discretion']

Ratio Decidendi

There was no error in point of law or basis to disturb the magistrate's discretion regarding costs; leave to appeal and extension of time should not be granted as the appeal lacked merit.

Court Disposition

Summons dismissed; plaintiff to pay costs of the summons.

Orders

  • ['The summons is dismissed.' 'The plaintiff is to pay the costs of the summons.' 'The exhibits may be returned.']