YOUNG v MORTGAGE [1995] NSWCA 530

YOUNG v MORTGAGE [1995] NSWCA 530

No relevant error of discretion was made by Levine J, and the alleged arguable defence was not of substance.

Parties
Applicant: Young; Respondent: Mortgage
Jurisdiction
Australia
Judgment Date
20 March 1995
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal refused

Case Brief

Summary, issues, holding and outcome

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Parties

Young

Applicant

Mortgage

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

  1. 1 Whether Levine J erred in exercising discretion by declining to set aside a judgment entered by Master Greenwood

Ratio Decidendi

No relevant error of discretion was made by Levine J, and the alleged arguable defence was not of substance.

Court Disposition

Application for leave to appeal refused

Orders

  • Applicant to pay respondent's costs of the application