McGinn v Cranbrook School [2016] NSWCA 226

The summary dismissal order was interlocutory, requiring leave to appeal, and the review application by Ms McGinn demonstrated no relevant error or fraud in the decisions of Leeming JA; allegations of fraud were unfounded and the application for a new trial and stay of costs order had no basis; the motion was dismissed and the applicant directed to pay respondent's costs.

Jurisdiction: Australia
Judgment Date: 25 August 2016
Procedural Posture: Notice of Motion for Review of Decision by Single Judge of Appeal / Court of Appeal Judgment on Review Application
Outcome: Applicant's notice of motion dismissed; applicant to pay respondent's costs of the motion.
Legal Topics: ['appeals' 'interlocutory Orders' 'summary Dismissal' 'review of Single Judge of Appeal Decision' 'fraud Allegation' 'costs Orders']

['civil Procedure'] ['appeals' 'interlocutory Orders' 'summary Dismissal' 'review of Single Judge of Appeal Decision' 'fraud Allegation' 'costs Orders']

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Procedural Posture

Notice of Motion for Review of Decision by Single Judge of Appeal / Court of Appeal Judgment on Review Application

Legal Issues

1 ['Whether the summary dismissal order under UCPR r 13.4 was interlocutory and required leave to appeal' 'Whether the judgments of Leeming JA could be set aside for alleged fraud or error' 'Whether a stay of the costs order should be granted']

Ratio Decidendi

Court Disposition

Applicant's notice of motion dismissed; applicant to pay respondent's costs of the motion.

Orders

["Applicant's notice of motion filed 17 June 2016 be dismissed" "Applicant to pay the respondent's costs of the motion"]