NEVETT v O'LEARY [1997] NSWCA 220

NEVETT v O'LEARY [1997] NSWCA 220

Extension of time for application was granted due to understandable misapprehension of the law. Leave to appeal was refused as the case involved a comparatively small amount, fell within statutory limits, raised no question of general principle, and did not demonstrate any clear possibility of injustice.

Parties
Applicant: Nevett; Respondent: O'Leary
Jurisdiction
Australia
Judgment Date
27 November 1997
Procedural Posture
Application for Leave to Appeal / Determination of Extension of Time and Leave to Appeal
Outcome
application for leave to appeal dismissed with costs

Case Brief

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Parties

Nevett

Applicant

O'Leary

Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether extension of time should be granted for application for leave to appeal
  2. 2 Whether leave to appeal should be granted under recent legislation given quantum of award

Ratio Decidendi

Extension of time for application was granted due to understandable misapprehension of the law. Leave to appeal was refused as the case involved a comparatively small amount, fell within statutory limits, raised no question of general principle, and did not demonstrate any clear possibility of injustice.

Court Disposition

application for leave to appeal dismissed with costs

Orders

  • Extension of time to make application for leave granted
  • Application for leave to appeal dismissed with costs