Hudson v Licciardo [2010] NSWCA 346

Hudson v Licciardo [2010] NSWCA 346

Leave to appeal was refused because the applicant no longer challenged the remission to MAS assessors and the primary judge's interim findings were not orders of the District Court properly capable of appeal to the Court of Appeal; in the events that had occurred, an appeal process was no longer appropriate.

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Application for Leave to Appeal / Summons for Leave to Appeal in the New South Wales Court of Appeal From District Court Direction or Order Remitting Issues to MAS Assessor
Outcome
The summons for leave to appeal is dismissed.
Legal Topics
['application for Leave to Appeal' 'remission of Issues to MAS Assessor' 'appealability of Interim Findings' 'costs']
['procedure' 'motor Accidents Compensation'] ['application for Leave to Appeal' 'remission of Issues to MAS Assessor' 'appealability of Interim Findings' 'costs']

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Procedural Posture

Application for Leave to Appeal / Summons for Leave to Appeal in the New South Wales Court of Appeal From District Court Direction or Order Remitting Issues to MAS Assessor

Legal Issues

  1. 1 ["Whether leave should be granted to appeal in circumstances where the applicant no longer sought to set aside the remission of the matter to MAS assessors but sought orders setting aside the primary judge's interim findings." 'Whether interim findings made by the District Court could properly be the subject of an appeal to the Court of Appeal.']

Ratio Decidendi

Leave to appeal was refused because the applicant no longer challenged the remission to MAS assessors and the primary judge's interim findings were not orders of the District Court properly capable of appeal to the Court of Appeal; in the events that had occurred, an appeal process was no longer appropriate.

Court Disposition

The summons for leave to appeal is dismissed.

Orders

  • ['The summons for leave to appeal is dismissed.' 'The costs of the summons for leave to appeal up to 12 April 2010 be costs in the cause, except for the costs of the notice of motion heard by Young JA on 12 April 2010.' "Thereafter, the applicant is to pay the respondent's costs on an indemnity basis. In this...