WALTON v HEWATT; WALTON v HEWATT [1995] NSWCA 491

The possibility that the appellants have not received justice, despite the unsatisfactory manner and lack of evidence in the present application, leads to the ordering of expedition (grade C).

Parties: Appellant: Walton; Respondent: Hewatt; Party (district Court Proceeding): nominal defendant
Jurisdiction: Australia
Judgment Date: 03 July 1995
Procedural Posture: Application for Expedition of Appeal / Court of Appeal — Interlocutory Application
Outcome: Application for expedition of appeal granted (expedition grade C); costs of the application to be costs in the appeal.
Legal Topics: Expedition of Appeal, Interlocutory Applications

Civil Procedure Expedition of Appeal Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Walton

Appellant

Hewatt

Respondent

nominal defendant

Party (district Court Proceeding)

Procedural Posture

Application for Expedition of Appeal / Court of Appeal — Interlocutory Application

Legal Issues

1 Whether the appeal should be expedited

Ratio Decidendi

The possibility that the appellants have not received justice, despite the unsatisfactory manner and lack of evidence in the present application, leads to the ordering of expedition (grade C).

Court Disposition

Application for expedition of appeal granted (expedition grade C); costs of the application to be costs in the appeal.

Orders

Expedition of the appeal ordered (grade C)
Costs of application to be costs in the appeal