Stergiou, Stan & Anor v Reid, John Ross & Ors [1996] FCA 546

Stergiou, Stan & Anor v Reid, John Ross & Ors [1996] FCA 546

The appeal concerned interlocutory orders; as the merits of the dispute were not properly articulated and no final order determining the claim had been made, it was not appropriate for the Federal Court to grant leave to appeal against interlocutory pleading matters.

Parties
Appellant: Stan Stergiou; Appellant: Ekaterine Stergiou; Respondent: John Ross Reid; Respondent: Dennis Mario Barbara; Respondent: Gavin John Lee t/as Vandenberg Reid Pappas and MacDonald
Jurisdiction
Australia
Judgment Date
19 June 1996
Procedural Posture
Appeal / Application for Leave to Appeal Against Interlocutory Orders
Outcome
leave to appeal refused, with costs
Legal Topics
Pleading, Interlocutory Appeals, Leave to Appeal
Civil Procedure Pleading Interlocutory Appeals Leave to Appeal

Case Brief

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 2 Party arguments 2
Sign in to unlock

Parties

Stan Stergiou

Appellant

Ekaterine Stergiou

Appellant

John Ross Reid

Respondent

Dennis Mario Barbara

Respondent

Gavin John Lee t/as Vandenberg Reid Pappas and MacDonald

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal Against Interlocutory Orders

Legal Issues

  1. 1 Whether leave to appeal should be granted against interlocutory orders striking out the statement of claim and requiring leave to file an amended claim

Ratio Decidendi

The appeal concerned interlocutory orders; as the merits of the dispute were not properly articulated and no final order determining the claim had been made, it was not appropriate for the Federal Court to grant leave to appeal against interlocutory pleading matters.

Court Disposition

leave to appeal refused, with costs

Orders

  • Leave to appeal be refused, with costs.