UNITED RUBBER (AUSTRALIA) PTY LTD v BINIOS [1998] NSWCA 243

UNITED RUBBER (AUSTRALIA) PTY LTD v BINIOS [1998] NSWCA 243

Leave to appeal was refused because the grounds sought to be argued were either not raised below (estoppel) or would not likely change the outcome (quantum), and the evidence before the court was deficient.

Parties
Applicant: UNITED RUBBER (AUSTRALIA) PTY LTD; Respondent: BINIOS
Jurisdiction
Australia
Judgment Date
15 June 1998
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal to Court of Appeal
Outcome
leave to appeal refused, with costs
Legal Topics
Estoppel, Quantum, Costs, Leave to Appeal
Civil Procedure Estoppel Quantum Costs Leave to Appeal

Case Brief

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Parties

UNITED RUBBER (AUSTRALIA) PTY LTD

Applicant

BINIOS

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding the findings on estoppel and quantum
  2. 2 Whether the estoppel argument (Anshun basis) was argued below
  3. 3 Whether leave would result in a different award

Ratio Decidendi

Leave to appeal was refused because the grounds sought to be argued were either not raised below (estoppel) or would not likely change the outcome (quantum), and the evidence before the court was deficient.

Court Disposition

leave to appeal refused, with costs

Orders

  • Leave to appeal refused
  • Costs awarded against applicant, including costs of the motion to strike out the appeal as incompetent