WILLIAMS RIVER STEEL PTY LTD v PLEACE [1995] NSWCA 515
NSW Caselaw
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WILLIAMS RIVER STEEL PTY LTD v PLEACE
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
PRIESTLEY JA, CLARKE JA and POWELL JA
15 May 1995
[1995] NSWCA 515
Priestley JA. Mr Russell has drawn the Court's attention both to the
considerations in favour of his application and also to the difficulties he faces
because of past decisions of the Court.
The Court is of the view that it is not a case in which leave should be granted.
In stating that conclusion the Court does not intend to pass upon all the
statements which could be said to be propositions of law in the judgment of his
Honour Judge McDevitt from which leave to appeal is sought. This is meant
merely to preserve the position that, if a more appropriate case arises, the Court
will feel that it is open to it to deal with such matters as those dealt with by his
Honour Judge McDevitt without the constraint of having approved what he said
in this particular case. The Court is thus not saying anything one way or the other
about the strict correctness of all the statements in his judgment.
The application for leave is dismissed with costs.
Orders accordingly.
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