NSW Caselaw
New South Wales Court of Appeal
CITATION: Fink v Beaven [2010] NSWCA 92
JUDGMENT OF: Macfarlan JA at 1; Handley AJA at 13
EX TEMPORE JUDGMENT DATE: 27 April 2010
Orders: DECISION: (1) That the application for extension of time be granted with costs of that application being payable by the applicants. (2) That the application for leave to appeal be dismissed with costs.
CATCHWORDS: PROCEDURE - leave to appeal to Court of Appeal - small amount of money involved, no issue of principle or general public importance and no obvious injustice - leave refused
CATEGORY: Procedural and other rulings
Banque Commerciale SA (In Liq) v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 CASES CITED: Carolan v AMF Bowling Pty Limited trading as Bennetts Green Bowl [1995] NSWCA 69 Dare v Pulham [1982] HCA 70; (1982) 148 CLR 658 Johnston v McGrath [2007] NSWCA 231
Andre Fink (First Applicant) William Bertram Rietveld (Second Applicant) PARTIES: Robin Newton Beaven (First Respondent) Mildred Josephine Beaven (Second Respondent) Alexander Edward Beaven (Third Respondent)
FILE NUMBER(S): CA 2009/00298560
COUNSEL: J Keesing (Applicants) T F Robertson SC/J Lazarus (Respondents)
SOLICITORS: Makinson & d'Apice Lawyers (Applicants) Hunt & Hunt (Respondents)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 406/2007
LOWER COURT JUDICIAL OFFICER: Sidis DCJ
LOWER COURT DATE OF DECISION: 19 August 2009
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2009/00298560
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