ABIGROUP LIMITED v AKINS [1995] NSWCA 4

ABIGROUP LIMITED v AKINS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY AP, MEAGHER JA and GILES AJA 31 July 1995

[1995] NSWCA 4

Mahoney AP. This is an application for leave to appeal against, if I may so describe it compendiously, an interlocutory pleading order.

The Court does not normally give reasons for granting or refusal of leave but, to prevent any misunderstanding, in this case the Court will say this. The Court does not think that the matter is a matter appropriate for leave to appeal. However, it does so upon the basis that it should not necessarily be inferred that the Court is upholding every opinion expressed by the judge below in his long and detailed judgment. I do not mean by that that any of those opinions are wrong, but the matter should not subsequently be complicated by argument as to whether this Court has given approval or disapproval to any of those opinions.

Secondly, the Court acts upon the basis that it will be open to the parties appropriately and within the discretion of the judges of the Commercial Division who are dealing with this matter to entertain further and other applications in relation to the matter so as to ensure that the proper issues are litigated at the trial. It is not meant bythis that the parties are encouraged to go back to the judges dealing with the matter. But the matter is dealt with upon the basis that this Court recognises the right of the parties in proceedings such as this to seek appropriate orders at any time prior to trial.

The Court is of the opinion that the application for leave to appeal should be dismissed with costs.

Orders accordingly.