PARKINS V. MCDONALD

PARKINS V. MCDONALD

The case did not raise any question of principle justifying a grant of leave; any error was factual and particular to the case, so leave to appeal should not be granted.

Parties
Applicant: PARKINS; Respondent: McDONALD
Jurisdiction
Australia
Judgment Date
25 August 1969
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal to High Court
Outcome
Application for leave to appeal refused
Legal Topics
Negligence, Appellate Review, Findings of Fact
Tort Negligence Appellate Review Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

PARKINS

Applicant

McDONALD

Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal to High Court

Legal Issues

  1. 1 Whether the Court of Appeal erred in overturning the trial Judge's findings of fact in a negligence action
  2. 2 Whether there was sufficient evidence to support the trial Judge's findings

Ratio Decidendi

The case did not raise any question of principle justifying a grant of leave; any error was factual and particular to the case, so leave to appeal should not be granted.

Court Disposition

Application for leave to appeal refused

Orders

  • No order as to costs except that the Solicitors for the applicant pay to the respondent the whole of the costs incurred by the respondent on Friday, 15th August, 1969 and also pay the whole of the applicant's costs of that day.