Visual Building Construction Pty Ltd v Chaloner [2020] NSWSC 1371

Visual Building Construction Pty Ltd v Chaloner [2020] NSWSC 1371

The plaintiff's application was dismissed as misconceived; there was no jurisdiction for the Supreme Court to grant leave to appeal its own decision, no grounds established for a stay of execution, and no error of law demonstrated by the plaintiff.

Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Notice of Motion / Application for Stay and Appeal Following Dismissal by Supreme Court
Outcome
Plaintiff's notice of motion dismissed
Legal Topics
['jurisdiction of Appellate Court' 'leave to Appeal' 'stay Pending Appeal']
['appeals' 'civil Procedure'] ['jurisdiction of Appellate Court' 'leave to Appeal' 'stay Pending Appeal']

Case Brief

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Procedural Posture

Notice of Motion / Application for Stay and Appeal Following Dismissal by Supreme Court

Legal Issues

  1. 1 ['Whether the Supreme Court has jurisdiction to grant leave to appeal a decision of the Supreme Court' 'Whether grounds exist for stay of execution of judgment' 'Whether plaintiff has demonstrated an error of law warranting appeal']

Ratio Decidendi

The plaintiff's application was dismissed as misconceived; there was no jurisdiction for the Supreme Court to grant leave to appeal its own decision, no grounds established for a stay of execution, and no error of law demonstrated by the plaintiff.

Court Disposition

Plaintiff's notice of motion dismissed

Orders

  • ["The Plaintiff's Notice of Motion filed on 31 January 2020 is dismissed."]