Harris v Bellemore (No 2) [2013] NSWCA 17

Harris v Bellemore (No 2) [2013] NSWCA 17

The application for leave to appeal should be dismissed with costs as the applicant's arguments are not sufficiently compelling at this stage and discretionary considerations (including the undesirability of further fragmenting the litigation) weigh against granting leave; eventual appeal rights on substantive issues are preserved.

Jurisdiction
Australia
Judgment Date
08 February 2013
Procedural Posture
Application for Leave to Appeal / Leave to Appeal (application Dismissed)
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'judicial Bias' 'functus Officio' 'appellate Fragmentation']
['appellate Procedure'] ['leave to Appeal' 'judicial Bias' 'functus Officio' 'appellate Fragmentation']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal (application Dismissed)

Legal Issues

  1. 1 ['Whether the primary judge was functus officio and without power to determine remitted issues' 'Whether the primary judge should have disqualified herself for apparent bias' 'Whether leave to appeal should be granted at this stage of the proceedings']

Ratio Decidendi

The application for leave to appeal should be dismissed with costs as the applicant's arguments are not sufficiently compelling at this stage and discretionary considerations (including the undesirability of further fragmenting the litigation) weigh against granting leave; eventual appeal rights on substantive issues are preserved.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['The application for summons for leave to appeal is dismissed with costs.']