Pratten v State of New South Wales
Case
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[2019] NSWCA 124
•30 April 2019
Details
AGLC
Case
Decision Date
Pratten v State of New South Wales [2019] NSWCA 124
[2019] NSWCA 124
30 April 2019
CaseChat Overview and Summary
The Court of Appeal of New South Wales, constituted by Payne and McCallum JJA and Simpson AJA, considered an application for leave to appeal by Pratten against the State of New South Wales. The nature of the dispute between the parties and the specific subject matter of the primary judge's decision are not detailed in the provided text, beyond the indication that the application for leave to appeal was made in relation to that decision.
The central legal issue before the Court of Appeal was whether the primary judge's reasons for their decision were attended with sufficient doubt to warrant granting leave to appeal. This involved an assessment of whether the appeal raised any question of contested legal principle that required further consideration by the appellate court.
The Court of Appeal determined that the primary judge's reasons were not attended with sufficient doubt and that no question of contested principle was raised by the proposed appeal. Consequently, the Court refused the application for leave to appeal. The applicant was ordered to pay the respondent's costs.
The central legal issue before the Court of Appeal was whether the primary judge's reasons for their decision were attended with sufficient doubt to warrant granting leave to appeal. This involved an assessment of whether the appeal raised any question of contested legal principle that required further consideration by the appellate court.
The Court of Appeal determined that the primary judge's reasons were not attended with sufficient doubt and that no question of contested principle was raised by the proposed appeal. Consequently, the Court refused the application for leave to appeal. The applicant was ordered to pay the respondent's costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Most Recent Citation
Jankovic v Director of Public Prosecutions [2020] NSWCA 31
Cases Cited
4
Statutory Material Cited
2
Juliette Pratten v State of New South Wales
[2018] NSWDC 299
Secretary, Department of Family and Community Services v Smith
[2017] NSWCA 206