MORTENSEN v CROWN [1991] NSWCA 206

MORTENSEN v CROWN [1991] NSWCA 206

The applicant did not make out a case for expedition as none of the reasons provided were sufficient; lack of real urgency, novelty, and administrative inconvenience are not adequate grounds.

Parties
Applicant: Mortensen; Respondent: Crown
Jurisdiction
Australia
Judgment Date
22 April 1991
Procedural Posture
Appeal / Application for Expedition
Outcome
motion dismissed with costs
Legal Topics
Expedition of Appeal, Construction of S 29 a of Wills Probate and Administration Act
Probate Expedition of Appeal Construction of S 29 a of Wills Probate and Administration Act

Case Brief

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Parties

Mortensen

Applicant

Crown

Respondent

Procedural Posture

Appeal / Application for Expedition

Legal Issues

  1. 1 Whether the circumstances justify expedition of the appeal regarding s 29A of the Wills Probate and Administration Act

Ratio Decidendi

The applicant did not make out a case for expedition as none of the reasons provided were sufficient; lack of real urgency, novelty, and administrative inconvenience are not adequate grounds.

Court Disposition

motion dismissed with costs

Orders

  • Motion dismissed with costs