Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWCA 174

Warragamba Winery Pty Ltd v State of New South Wales [2010] NSWCA 174

Leave to appeal was refused because the applicant did not establish any appealable error in the primary judge's discretionary interlocutory case management decision: the primary judge was alive to cost considerations, was entitled to act on counsel's assurances about overlapping witnesses and credit issues, had taken delay into account, and the order was not plainly unreasonable or unjust.

Jurisdiction
Australia
Judgment Date
19 July 2010
Procedural Posture
Application for Leave to Appeal From an Interlocutory Civil Procedure Decision / Court of Appeal Leave Application
Outcome
The application for leave to appeal is dismissed with costs.
Legal Topics
['interlocutory Issues' 'case Management Discretion' 'separate Determination of Liability and Damages' 'leave to Appeal']
['civil Procedure' 'appellate Procedure'] ['interlocutory Issues' 'case Management Discretion' 'separate Determination of Liability and Damages' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal From an Interlocutory Civil Procedure Decision / Court of Appeal Leave Application

Legal Issues

  1. 1 ["Whether leave should be granted to appeal from the primary judge's revocation of an order separating determination of liability from assessment of damages." 'Whether the primary judge made an appealable error in a discretionary interlocutory decision on practice and procedure.']

Ratio Decidendi

Leave to appeal was refused because the applicant did not establish any appealable error in the primary judge's discretionary interlocutory case management decision: the primary judge was alive to cost considerations, was entitled to act on counsel's assurances about overlapping witnesses and credit issues, had taken delay into account, and the order was not plainly unreasonable or unjust.

Court Disposition

The application for leave to appeal is dismissed with costs.

Orders

  • ['The application for leave to appeal is dismissed with costs.']