Samootin v Shea & Ors
Case
•
[2005] NSWCA 16
•17 February 2005
Details
AGLC
Case
Decision Date
Samootin v Shea [2005] NSWCA 16
[2005] NSWCA 16
17 February 2005
CaseChat Overview and Summary
Ms Samootin sought leave to appeal to the High Court against decisions made in various proceedings, including principal proceedings and associated costs orders. The applications for special leave to appeal were filed by Ms Samootin.
The primary legal issue before the court was whether there was any prospect of success for Ms Samootin's applications for special leave to appeal, given that leave to appeal had been refused at an earlier stage.
The court found that the applications for special leave to appeal were misconceived and wholly without substance, noting the prior refusal of leave to appeal. Consequently, the court dismissed the amended notice of motion. Ms Samootin was ordered to pay the costs of the proceedings on an indemnity basis.
The primary legal issue before the court was whether there was any prospect of success for Ms Samootin's applications for special leave to appeal, given that leave to appeal had been refused at an earlier stage.
The court found that the applications for special leave to appeal were misconceived and wholly without substance, noting the prior refusal of leave to appeal. Consequently, the court dismissed the amended notice of motion. Ms Samootin was ordered to pay the costs of the proceedings on an indemnity basis.
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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Jurisdiction
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Res Judicata
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Stay of Proceedings
Actions
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Citations
Samootin v Shea [2005] NSWCA 16
Most Recent Citation
Samootin v Official Trustee in Bankruptcy [2009] FCA 408
Cases Citing This Decision
2
Samootin v Shea
[2010] NSWCA 371
Samootin v Official Trustee in Bankruptcy
[2009] FCA 408
Cases Cited
0
Statutory Material Cited
0