WEST v SMITH [1989] NSWCA 231

WEST v SMITH [1989] NSWCA 231

As Mr West failed to seek leave to appeal from an interlocutory judgment and his summons was procedurally defective and not cognisable under law, both the summons and motion must be struck out.

Parties
Applicant: Mr West; Respondent: Smith
Jurisdiction
Australia
Judgment Date
27 November 1989
Procedural Posture
Civil / Application to Court of Appeal After Previous Interlocutory Judgment
Outcome
summons and motion dismissed
Legal Topics
Challenge to Interlocutory Judgment, Procedure for Leave to Appeal, Litigant in Person
Estate Law Challenge to Interlocutory Judgment Procedure for Leave to Appeal Litigant in Person

Case Brief

Summary, issues, holding and outcome

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Parties

Mr West

Applicant

Smith

Respondent

Procedural Posture

Civil / Application to Court of Appeal After Previous Interlocutory Judgment

Legal Issues

  1. 1 Whether Mr West may appeal against McInerney J's interlocutory judgment without leave to appeal and in accordance with procedural rules
  2. 2 Whether the summons and motion filed by Mr West disclose valid grounds for relief

Ratio Decidendi

As Mr West failed to seek leave to appeal from an interlocutory judgment and his summons was procedurally defective and not cognisable under law, both the summons and motion must be struck out.

Court Disposition

summons and motion dismissed

Orders

  • The summons is dismissed.
  • The motion is dismissed.