ROBERTS v WHITE [1998] NSWCA 190
Leave to appeal was granted on condition regarding costs due to the test case nature and legal issues involved, with costs of the summons for leave to appeal being costs in the appeal, and the claimant ordered to pay costs of the motion to strike out as incompetent.
- Parties
- Claimant: Roberts; Respondent: White
- Jurisdiction
- Australia
- Judgment Date
- 02 March 1998
- Procedural Posture
- Appeal / Leave to Appeal Granted
- Outcome
- leave to appeal granted
- Legal Topics
- Construction of S 79 Motor Accidents Act, Leave to Appeal, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Roberts
Claimant
White
Respondent
Procedural Posture
Appeal / Leave to Appeal Granted
Legal Issues
- 1 construction of s 79 of the Motor Accidents Act
Ratio Decidendi
Leave to appeal was granted on condition regarding costs due to the test case nature and legal issues involved, with costs of the summons for leave to appeal being costs in the appeal, and the claimant ordered to pay costs of the motion to strike out as incompetent.
Court Disposition
leave to appeal granted
Orders
- Leave to appeal granted for notice of appeal filed 18 November 1997.
- Costs of summons for leave to appeal are costs in the appeal.
Full Case Text
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