COSHOTT v THE COUNCIL OF THE MUNICIPALITY OF WOOLLAHRA [1988] NSWCA 28
Leave to appeal was refused as the Court found no error in the application of legal principles or in the exercise of discretion; the current pleading did not sufficiently disclose a cause of action.
- Parties
- Claimant: Coshott; Opponent: The Council of the Municipality of Woollahra
- Jurisdiction
- Australia
- Judgment Date
- 17 October 1988
- Procedural Posture
- Appeal / Application for Leave to Appeal
- Outcome
- Leave to appeal refused; summons dismissed
- Legal Topics
- Strike Out Application, Leave to Appeal, Pleadings, Discretionary Decision
Case Brief
Summary, issues, holding and outcome
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Parties
Coshott
Claimant
The Council of the Municipality of Woollahra
Opponent
Procedural Posture
Appeal / Application for Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted against an order reversing a Master's refusal to strike out a statement of claim for not disclosing a cause of action
Ratio Decidendi
Leave to appeal was refused as the Court found no error in the application of legal principles or in the exercise of discretion; the current pleading did not sufficiently disclose a cause of action.
Court Disposition
Leave to appeal refused; summons dismissed
Orders
- Summons dismissed
- Claimants must pay opponent's costs
Full Case Text
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