MURA v MERCAP PTY LTD and ANOR [1994] NSWCA 212

The motion for summary dismissal and for security for costs was adjourned for hearing before a Full Court due to possible interlocutory nature of the orders and jurisdictional requirements.

Parties: Appellant: MURA; Respondent: MERCAP PTY LTD
Jurisdiction: Australia
Judgment Date: 16 May 1994
Procedural Posture: Appeal / Motion for Summary Dismissal and Security for Costs
Outcome: Adjourned and referred to Full Court
Legal Topics: Summary Dismissal, Security for Costs, Leave to Appeal, Interlocutory Orders

Civil Procedure Summary Dismissal Security for Costs Leave to Appeal Interlocutory Orders

Case Brief

Summary, issues, holding and outcome

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Parties

MURA

Appellant

MERCAP PTY LTD

Respondent

Procedural Posture

Appeal / Motion for Summary Dismissal and Security for Costs

Legal Issues

1 Whether the appeal should be summarily dismissed as frivolous and vexatious
2 Whether security for costs should be ordered
3 Whether leave to appeal is required from interlocutory orders

Ratio Decidendi

The motion for summary dismissal and for security for costs was adjourned for hearing before a Full Court due to possible interlocutory nature of the orders and jurisdictional requirements.

Court Disposition

Adjourned and referred to Full Court

Orders

Further hearing of the motion for summary dismissal adjourned to Full Court on 6 June
Documents to be filed for Full Court