SMITH v CORPORATE AFFAIRS COMMISSION [1988] NSWCA 136

SMITH v CORPORATE AFFAIRS COMMISSION [1988] NSWCA 136

The Court refused leave to appeal because the appeal was not timely; determination of issues should follow the magistrate’s findings of fact.

Parties
Claimant: Smith; Opponent: Corporate Affairs Commission
Jurisdiction
Australia
Judgment Date
06 July 1988
Procedural Posture
Summons for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
Prosecution Officer, Officer's Knowing Concern, Timeliness of Appeal, Leave to Appeal
Company Law Prosecution Officer Officer's Knowing Concern Timeliness of Appeal Leave to Appeal

Case Brief

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Parties

Smith

Claimant

Corporate Affairs Commission

Opponent

Procedural Posture

Summons for Leave to Appeal / Application for Leave to Appeal to the Court of Appeal

Legal Issues

  1. 1 Whether the appeal to the Court of Appeal was timely
  2. 2 Whether leave to appeal should be granted before magistrate has found relevant facts

Ratio Decidendi

The Court refused leave to appeal because the appeal was not timely; determination of issues should follow the magistrate’s findings of fact.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • Summons for leave to appeal dismissed with costs.