LEDA MARINE PTY LTD v PROPELLER RECONDITIONERS PTY LTD [1997] NSWCA 187

LEDA MARINE PTY LTD v PROPELLER RECONDITIONERS PTY LTD [1997] NSWCA 187

The application for leave is dismissed because the appeal concerns factual matters where there is no palpable mistake or misuse of the trial judge’s advantage, thus not warranting appellate intervention.

Parties
Claimant: Leda Marine Pty Ltd; Respondent: Propeller Reconditioners Pty Ltd
Jurisdiction
Australia
Judgment Date
24 November 1997
Procedural Posture
Application for Leave to Appeal / Application for Leave Decision
Outcome
application dismissed with costs
Legal Topics
Leave to Appeal, Intermediate Appellate Review, Factual Error, Cross Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Leda Marine Pty Ltd

Claimant

Propeller Reconditioners Pty Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave Decision

  1. 1 Whether leave to appeal should be granted on a factual finding by the trial judge

Ratio Decidendi

The application for leave is dismissed because the appeal concerns factual matters where there is no palpable mistake or misuse of the trial judge’s advantage, thus not warranting appellate intervention.

Court Disposition

application dismissed with costs

Orders

  • Application for leave to appeal dismissed with costs