ONE TEL PTY LTD v ASSOCIATED PRODUCTS PTY LTD [1996] NSWCA 411
Because the original orders did not finally determine the proceeding and leave was given to file further claims, the orders were interlocutory, requiring leave to appeal, thus the notice of appeal filed as of right was incompetent.
- Parties
- Applicant: One Tel Pty Ltd; Respondent: Associated Products Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 15 April 1996
- Procedural Posture
- Civil / Application to Strike Out Notice of Appeal
- Outcome
- notice of appeal struck out as incompetent
- Legal Topics
- Interlocutory Orders, Appeals, Notice of Appeal, Supreme Court Act S 101
Case Brief
Summary, issues, holding and outcome
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Parties
One Tel Pty Ltd
Applicant
Associated Products Pty Ltd
Respondent
Procedural Posture
Civil / Application to Strike Out Notice of Appeal
Legal Issues
- 1 Whether the notice of appeal was filed against final or interlocutory orders
- 2 Whether the notice of appeal was competent without leave
Ratio Decidendi
Because the original orders did not finally determine the proceeding and leave was given to file further claims, the orders were interlocutory, requiring leave to appeal, thus the notice of appeal filed as of right was incompetent.
Court Disposition
notice of appeal struck out as incompetent
Orders
- Notice of appeal struck out as incompetent
- Respondent to the application pay costs of the application
Full Case Text
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