OLDFIELDS PTY LIMITED v ALFAR [1995] NSWCA 343

OLDFIELDS PTY LIMITED v ALFAR [1995] NSWCA 343

Leave to appeal was refused on the grounds of timeliness; issues raised are more conveniently dealt with in appeal against final judgment.

Parties
Appellant: Oldfields Pty Limited; Respondent: Alfar
Jurisdiction
Australia
Judgment Date
30 October 1995
Procedural Posture
Appeal / Leave to Appeal
Outcome
leave to appeal refused; costs awarded to respondent
Legal Topics
Timeliness of Appeal, Credibility Findings, Appeal Procedure
Timeliness of Appeal Credibility Findings Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Oldfields Pty Limited

Appellant

Alfar

Respondent

Procedural Posture

Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted given the timeliness of the application

Ratio Decidendi

Leave to appeal was refused on the grounds of timeliness; issues raised are more conveniently dealt with in appeal against final judgment.

Court Disposition

leave to appeal refused; costs awarded to respondent

Orders

  • Leave to appeal refused.
  • The claimant must pay the opponent's costs of the summons.