Cutner v Green [1980] JLR 269 (11 December 1980)

Cutner v Green [1980] JLR 269 (11 December 1980)

The appellate court's intervention in the exercise of discretion by the lower court in interlocutory matters is limited to cases involving errors of law or manifest injustice; appeals against final orders are limited to the material before the lower court.

Citation
[1980] JLR 269
Parties
Appellant: Cutner; Respondent: Green
Jurisdiction
Jersey
Judgment Date
11 December 1980
Procedural Posture
Civil Appeal / Appeal From Interlocutory Decision
Outcome
appeal dismissed
Legal Topics
Appeals, Exercise of Discretion, Interlocutory Matters
Civil Procedure Appeals Exercise of Discretion Interlocutory Matters

Case Brief

Summary, issues, holding and outcome

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Parties

Cutner

Appellant

Green

Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Decision

Legal Issues

  1. 1 When will an appellate court interfere with a lower court's exercise of discretion in interlocutory matters?
  2. 2 What is the scope of a de novo hearing on appeal against a final order?

Ratio Decidendi

The appellate court's intervention in the exercise of discretion by the lower court in interlocutory matters is limited to cases involving errors of law or manifest injustice; appeals against final orders are limited to the material before the lower court.

Court Disposition

appeal dismissed