Crewdson v New South Wales Department of Community Services and Anor [2003] NSWIRComm 417

Crewdson v New South Wales Department of Community Services and Anor [2003] NSWIRComm 417

Leave to appeal was refused because the interlocutory decision was procedural in nature, did not finally determine substantive rights, and no error of principle was identified in the denial of summary judgment. Issues of fact remain for determination at trial.

Parties
Appellant: Mr G Crewdson; First Respondent: New South Wales Department of Community Services; Second Respondent: Central Sydney Area Health Service
Jurisdiction
Australia
Judgment Date
12 November 2003
Procedural Posture
Appeal / Application for Leave to Appeal and Interlocutory Appeal
Outcome
leave to appeal refused; appeal dismissed; no order as to costs
Legal Topics
Leave to Appeal, Interlocutory Judgment, Summary Judgment, Employment Termination, Release Deed
Industrial Law Leave to Appeal Interlocutory Judgment Summary Judgment Employment Termination Release Deed

Case Brief

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Parties

Mr G Crewdson

Appellant

New South Wales Department of Community Services

First Respondent

Central Sydney Area Health Service

Second Respondent

Procedural Posture

Appeal / Application for Leave to Appeal and Interlocutory Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from an interlocutory order refusing summary judgment
  2. 2 Whether the principles for granting summary judgment were correctly applied
  3. 3 Whether appropriate reasons were given for refusing summary judgment

Ratio Decidendi

Leave to appeal was refused because the interlocutory decision was procedural in nature, did not finally determine substantive rights, and no error of principle was identified in the denial of summary judgment. Issues of fact remain for determination at trial.

Court Disposition

leave to appeal refused; appeal dismissed; no order as to costs

Orders

  • Leave to appeal refused.
  • Appeal dismissed.