WEST v HANCOCK [1988] NSWCA 174

WEST v HANCOCK [1988] NSWCA 174

It would be a useless exercise to grant the application to extend time to appeal as the conversion claim had already been determined in the District Court and further proceedings were vexatious and oppressive.

Source-derived case information.

Parties
Applicant: Raymond Stanley West; Respondent: Mr Hancock
Jurisdiction
Australia
Judgment Date
07 November 1988
Procedural Posture
Application for Leave to Appeal / Court of Appeal
Outcome
application dismissed with costs
Legal Topics
Extension of Time to Appeal, Conversion, Vexatious Proceedings
Civil Procedure Extension of Time to Appeal Conversion Vexatious Proceedings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Raymond Stanley West

Applicant

Mr Hancock

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal

Legal Issues

  1. 1 Whether leave to extend time to appeal from an order striking out proceedings should be granted
  2. 2 Whether further proceedings for conversion could properly be brought after District Court judgment

Ratio Decidendi

It would be a useless exercise to grant the application to extend time to appeal as the conversion claim had already been determined in the District Court and further proceedings were vexatious and oppressive.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs