Associated Pool Builders Pty Ltd v Wickham [1989] FCA 187
Leave to appeal was refused because interlocutory orders had not resolved key issues, the appeal's grounds were unclear, and unresolved matters should return to the trial Judge for determination.
- Parties
- Appellants: Associated Pool Builders Pty. Ltd. & Others; Respondent: Tracy Lee Wickham
- Jurisdiction
- Australia
- Judgment Date
- 11 April 1989
- Procedural Posture
- Appeal / Application for Leave to Appeal From Interlocutory Orders
- Outcome
- Leave to appeal refused
- Legal Topics
- Breach of Trade Practices Act 1974, Passing Off, Leave to Appeal, Interlocutory Orders, Cross Claim for Breach of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Associated Pool Builders Pty. Ltd. & Others
Appellants
Tracy Lee Wickham
Respondent
Procedural Posture
Appeal / Application for Leave to Appeal From Interlocutory Orders
Legal Issues
- 1 Whether leave to appeal from interlocutory orders should be granted
- 2 Nature and effect of interlocutory orders
- 3 Clarification of orders and unresolved claims
Ratio Decidendi
Leave to appeal was refused because interlocutory orders had not resolved key issues, the appeal's grounds were unclear, and unresolved matters should return to the trial Judge for determination.
Court Disposition
Leave to appeal refused
Orders
- Appellants to pay two-thirds of respondents' costs of appeal
Full Case Text
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