Matrix Group Ltd (in liq) (Trustee) v Oates, in the matter of Matrix Group Ltd (in liq) (Trustee) (No 5) [2018] FCA 303

Matrix Group Ltd (in liq) (Trustee) v Oates, in the matter of Matrix Group Ltd (in liq) (Trustee) (No 5) [2018] FCA 303

The application for leave to appeal was refused because the primary decision was not attended with sufficient doubt to justify reconsideration, no substantial injustice would occur from refusal of leave, and there was no final determination of rights warranting a grant of leave.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Application for Leave to Appeal / Interlocutory
Outcome
Application for leave to appeal refused
Legal Topics
['leave to Appeal' 'interlocutory Decisions' 'liquidation' 'declaratory Relief']
['corporations Law' 'practice and Procedure'] ['leave to Appeal' 'interlocutory Decisions' 'liquidation' 'declaratory Relief']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Interlocutory

Legal Issues

  1. 1 ["Whether there is sufficient doubt in the primary judge's decision to warrant leave to appeal from an interlocutory decision" 'Whether refusal of leave would cause substantial injustice to the applicant' 'Whether the judgment finally determines the rights of the parties']

Ratio Decidendi

The application for leave to appeal was refused because the primary decision was not attended with sufficient doubt to justify reconsideration, no substantial injustice would occur from refusal of leave, and there was no final determination of rights warranting a grant of leave.

Court Disposition

Application for leave to appeal refused

Orders

  • ['The oral application for leave to appeal be refused.']