FORBES v LINDOP [1995] NSWCA 152

FORBES v LINDOP SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

KirBY ACJ, CLARKE and SHELLER JJA 17 July 1995, 17 July 1995

[1995] NSWCA 152

PRACTICE & PROCEDURE — District Court — interlocutory orders — second application for leave to proceed under Motor Accidents Act following earlier refusal — challenge to orders of second judge providing such leave — held: Leave to appeal to the Court of Appeal refused — interlocutory orders — second application permissible.

Ex tempore

Kirby ACJ The Court refuses to grant leave to appeal in this case.

Relevant to the refusal is the clear authority that the order which was made by Christie DCJ was interlocutory in its characterisation. In such cases, it is open to the opponent to make a second application which he did. Very properly counsel for the claimant has conceded that no additional prejudice was done by the delay in the bringing of the second application. On the contrary, the bringing of the second application brought out material which will be positively helpful to the claimant in the trial. The order made was therefore available to Judge H H Bell. He weighed the relevant matters of law and discretion and reached his conclusion. This Court would not disturb that conclusion.

The summons for leave to appeal is dismissed. The claimant to pay the opponent's costs.

Summons for leave to appeal is dismissed. The claimant is to pay the opponent's costs.

Counsel for the claimant: C Bridge Solicitors for the claimant: Henry Davis York Counsel for the opponent: G Johnson

Solicitors for the opponent: M J Duffy