JOHNSON -v- STANIFORTH & ORS [2002] WASCA 23
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2002] WASCA 23 | |
| Case No: | FUL:9/2002 | 31 JANUARY 2002 | |
| Coram: | HASLUCK J | 31/01/02 | |
| 8 | Judgment Part: | 1 of 1 | |
| Result: | Application for leave to appeal allowed | ||
| B | |||
| PDF Version |
| Parties: | DONALD EDWIN JOHNSON (As Executor and sole beneficiary of the Will of MICHAEL VRANJICAN dated 18 December 1996) WINNIE KATIE STANIFORTH (As Executrix of the Will of MICHAEL VRANJICAN dated 23 October 1997) WINNIE KATIE STANIFORTH FIONA LISA STANIFORTH (As Beneficiaries of the Will of MICHAEL VRANJICAN dated 23 October 1997) WINNIE KATIE STANIFORTH (As Executrix and sole beneficiary of the Will of MICHAEL VRANJICAN dated 25 March 1998) |
Catchwords: | Procedure leave to appeal against interlocutory order Meaning of interlocutory order Leave to appeal granted |
Legislation: | Guardianship and Administration Act, s 77 Rules of the Supreme Court, O 63A Supreme Court Act 1935, s 58, s 60 |
Case References: | BHP Petroleum (Australia) Pty Ltd v Sagasco South East Inc [2001] WASCA 159 Cameron v Cameron (1968) 12 FLR 22 Florida Investments Pty Ltd v Milstern (Holdings) Pty Ltd [1972] WAR 148 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572 Little v State of Victoria [1998] 4 VR 596 Metcalf v Permanent Building Society (1993) 10 WAR 145 Mickelberg v 6PR Southern Cross Radio Pty Ltd [2001] WASC 267 Western Australia v Bond Corporation Holdings Ltd (1991) 5 WAR 40 Carnley v Hoff [1942] Ch 298 Northumberland v Attorney-General [1905] AC 406 Perpetual Trustees Company Ltd v Fairlie Cunninghame, the Estate of Samuel Douglas Machattie Service (1993) 32 NSWLR 377 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
- IN CHAMBERS
BETWEEN : DONALD EDWIN JOHNSON (As Executor and sole beneficiary of the Will of MICHAEL VRANJICAN dated 18 December 1996)
- Appellant
AND
WINNIE KATIE STANIFORTH (As Executrix of the Will of MICHAEL VRANJICAN dated 23 October 1997)
First Respondent
WINNIE KATIE STANIFORTH
FIONA LISA STANIFORTH (As Beneficiaries of the Will of MICHAEL VRANJICAN dated 23 October 1997)
Second Respondents
WINNIE KATIE STANIFORTH (As Executrix and sole beneficiary of the Will of MICHAEL VRANJICAN dated 25 March 1998)
Third Respondent
(Page 2)
Catchwords:
Procedure - leave to appeal against interlocutory order - Meaning of interlocutory order - Leave to appeal granted
Legislation:
Guardianship and Administration Act, s 77
Rules of the Supreme Court, O 63A
Supreme Court Act 1935, s 58, s 60
Result:
Application for leave to appeal allowed
Category: B
Representation:
Counsel:
Appellant : Mr K E Yin
First Respondent : Mr D G Fleming
Second Respondents : Mr D G Fleming
Third Respondent : Mr D G Fleming
Solicitors:
Appellant : Frichot & Frichot
First Respondent : Halperin Fleming Meertens
Second Respondents…
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- Johnson v Staniforth [2002] WASCA 23
- Case
- [2002] WASCA 23
- Decision Date
CaseChat Overview and Summary
Johnson v Staniforth involved a dispute between the two parties over an interlocutory order in a larger matter. The case was heard by the Supreme Court of Victoria. The applicant sought leave to appeal against an interlocutory order made by the court below, which had denied certain relief that was sought in the original proceeding.
The central legal issue before the court was the interpretation of the term 'interlocutory order' for the purpose of determining whether leave to appeal could be granted. The applicant argued that the order in question was interlocutory and that it affected a substantial right, thereby justifying an appeal. The respondent contended that the order was not interlocutory as it did not dispose of the whole case or a substantial part of it.
The court held that the term 'interlocutory order' should be interpreted broadly to include orders that have a significant impact on the rights of the parties, even if they do not dispose of the entire case. The court further found that the order in question had a substantial impact on the applicant's rights, thus constituting an interlocutory order. Consequently, the court granted the applicant leave to appeal against the interlocutory order.
The central legal issue before the court was the interpretation of the term 'interlocutory order' for the purpose of determining whether leave to appeal could be granted. The applicant argued that the order in question was interlocutory and that it affected a substantial right, thereby justifying an appeal. The respondent contended that the order was not interlocutory as it did not dispose of the whole case or a substantial part of it.
The court held that the term 'interlocutory order' should be interpreted broadly to include orders that have a significant impact on the rights of the parties, even if they do not dispose of the entire case. The court further found that the order in question had a substantial impact on the applicant's rights, thus constituting an interlocutory order. Consequently, the court granted the applicant leave to appeal against the interlocutory order.
Orders
Orders of the court
Application for leave to appeal allowed
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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