WATSON v FOXMAN HIRE PTY LTD; WATSON v FOXMAN HOLDINGS PTY LTD (RECEIVER AND MANAGER APPOINTED) [1995] NSWCA 497

WATSON v FOXMAN HIRE PTY LTD; WATSON v FOXMAN HOLDINGS PTY LTD (RECEIVER AND MANAGER APPOINTED) [1995] NSWCA 497

No case of prejudice to the claimant bank was made out, and no error of principle in interlocutory orders was shown; therefore, the interlocutory applications are dismissed.

Parties
Applicant: Watson; Respondent: Foxman Hire Pty Ltd; Respondent: Foxman Holdings Pty Ltd (Receiver and Manager Appointed)
Jurisdiction
Australia
Judgment Date
30 January 1995
Procedural Posture
Appeal / Interlocutory Application
Outcome
Summonses dismissed with costs.

Case Brief

Summary, issues, holding and outcome

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Parties

Watson

Applicant

Foxman Hire Pty Ltd

Respondent

Foxman Holdings Pty Ltd (Receiver and Manager Appointed)

Respondent

Procedural Posture

Appeal / Interlocutory Application

Legal Issues

  1. 1 Whether there was an error of principle in interlocutory orders made by Hulme J
  2. 2 Whether the claimant bank suffered prejudice from interlocutory orders

Ratio Decidendi

No case of prejudice to the claimant bank was made out, and no error of principle in interlocutory orders was shown; therefore, the interlocutory applications are dismissed.

Court Disposition

Summonses dismissed with costs.

Orders

  • The two summonses are dismissed with costs.