NSW Caselaw
Appeal Outcome: Special leave application dismissed by the High Court - 29 February 2008
New South Wales Court of Appeal
CITATION: Johnston v McGrath [2007] NSWCA 231
HEARING DATE(S): 24/07/07
JUDGMENT DATE: 4 September 2007
JUDGMENT OF: Giles JA at 1; Young CJ in Eq at 2; Handley AJA at 44
DECISION: Extend time to file summons for leave to appeal. Leave to appeal refused with costs.
CATCHWORDS: APPEAL- Practice and procedure- When appeal lies- By leave of court- Interlocutory orders and judgments- Judgment dismissing claimant's appeal against first opponent's rejection of proof of debt submitted in liquidation of second opponent- Whether primary judge erred in holding that second opponent's misleading statements not material contributing cause of claimant's loss- Primary judge made no error in holding claimant's case not proven on the facts- Leave to appeal refused.
Civil Procedure Act 2005, s 60 LEGISLATION CITED: Corporations Act 2001 (Cth), s 563A Supreme Court Act 1970, s 101(2)(r) Trade Practices Act 1974 (Cth), s 52
Boyd Knight v Purdue [1999] 2 NZLR 278 Carolan v AMF Bowling Pty Ltd (NSWCA, 16/11/1995, BC 9501771) CASES CITED: Henville v Walker (2001) 206 CLR 459 P Dawson Nominees Pty Ltd v Multiplex Ltd [2007] FCA 1061 Sons of Gwalia Ltd v Margaretic (2007) 81 ALJR 525
Brian Alexander Johnston (Claimant) PARTIES: Anthony Gregory McGrath and Christopher John Honey in their capacities as Liquidators of HIH Insurance Limited (First Opponent) HIH Insurance Limited (In liquidation) (Second Opponent)
FILE NUMBER(S): CA 40082/06
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate