Tyree v Ward [2015] NSWCA 296

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Tyree v Ward [2015] NSWCA 296 Hearing dates: 22 September 2015 Date of orders: 22 September 2015 Decision date: 30 September 2015 Before: Ward JA, Sackville AJA Decision: Leave to appeal dismissed with costs. Catchwords: PRACTICE AND PROCEDURE – primary Judge refused applicant leave to file third version of statement of claim - application for leave to appeal from interlocutory decision - whether application gives rise to an issue of principle or injustice if refused – application for leave to appeal refused Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Tyree v Ward (Supreme Court (NSW), Young AJ, 20 May 2015, unrep) Category: Principal judgment Parties: Christopher Tyree (Applicant) David William Ward (First Respondent) John Lucas Ramos (Second Respondent) David Burnett McNeil (Third Respondent) Robyn Joy Fennell (Fourth Respondent) Peter Lyndon Tyree (Fifth Respondent) Representation: Counsel: In person (Applicant) AP Cheshire (Respondents)

Solicitors: McLachlan Thorpe Partners (Respondents) File Number(s): 2015/178943 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Date of Decision: 20 May 2015 Before: Young AJ File Number(s): 2014/312902