POWELL v POWELL [1996] NSWCA 431

POWELL v POWELL [1996] NSWCA 431

The court held that, even if the judge's discretion was affected by consideration of the letter rather than oral conversations, it would not be appropriate in the circumstances of the case to grant leave to appeal due to the discretionary nature of interlocutory injunctions.

Parties
Applicant: Powell; Respondent: Powell
Jurisdiction
Australia
Judgment Date
01 July 1996
Procedural Posture
Application for Leave to Appeal / Decision on Leave to Appeal
Outcome
leave to appeal refused

Case Brief

Summary, issues, holding and outcome

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Parties

Powell

Applicant

Powell

Respondent

Procedural Posture

Application for Leave to Appeal / Decision on Leave to Appeal

Legal Issues

  1. 1 Whether the judge's discretion was vitiated due to consideration of written agreement rather than oral conversations
  2. 2 Whether it is appropriate to grant leave to appeal in relation to interlocutory injunction

Ratio Decidendi

The court held that, even if the judge's discretion was affected by consideration of the letter rather than oral conversations, it would not be appropriate in the circumstances of the case to grant leave to appeal due to the discretionary nature of interlocutory injunctions.

Court Disposition

leave to appeal refused

Orders

  • leave to appeal is refused
  • leave to appeal is refused with costs