Johansen v City Mutual Life Assurance Society Ltd

Case

[1904] HCA 43

13 December 1904


Details
AGLC Case Decision Date
Johansen v City Mutual Life Assurance Society Ltd [1904] HCA 43 [1904] HCA 43 13 December 1904

CaseChat Overview and Summary

The High Court of Australia considered an application for special leave to appeal in *Johansen v City Mutual Life Assurance Society Ltd*. The applicant sought to appeal a decision of a lower court, but the grounds for granting special leave were in question.

The primary legal issue before the High Court was whether the circumstances of the case warranted the granting of special leave to appeal. Specifically, the court had to determine if the appeal raised a matter of public interest or if the judgment under appeal was attended with sufficient doubt to justify further consideration. The court also considered whether the dispute primarily involved questions of fact.

The High Court reasoned that special leave to appeal is not typically granted on mere questions of fact. The court found that the judgment appealed from was not attended with sufficient doubt to warrant granting special leave. Consequently, the application for special leave to appeal was refused.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Jurisdiction

  • Res Judicata

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