Thomas v Stockman and Evans
Case
•
[2012] NSWCA 444
•12 December 2012
Details
AGLC
Case
Decision Date
Thomas v Stockman and Evans [2012] NSWCA 444
[2012] NSWCA 444
12 December 2012
CaseChat Overview and Summary
The appeal concerned an application for leave to appeal from a decision of the Supreme Court of New South Wales. The parties involved were Thomas (the applicant) and Stockman and Evans (the respondents). The dispute arose from the Supreme Court's appointment of trustees for sale.
The primary legal issue before the Court of Appeal was whether to grant leave to appeal. This required the Court to consider whether the proposed appeal raised an issue of principle.
Allsop P and Macfarlan JA dismissed the application for leave to appeal, concluding that no issue of principle was raised by the proposed appeal. Consequently, the Court refused leave to appeal with costs. The Court also made orders regarding the filing of any application for an extension of time for filing and serving a Notice of Appeal from the Supreme Court's decision, and the filing of supporting material, with the hearing of such an application to be scheduled for a later date.
The primary legal issue before the Court of Appeal was whether to grant leave to appeal. This required the Court to consider whether the proposed appeal raised an issue of principle.
Allsop P and Macfarlan JA dismissed the application for leave to appeal, concluding that no issue of principle was raised by the proposed appeal. Consequently, the Court refused leave to appeal with costs. The Court also made orders regarding the filing of any application for an extension of time for filing and serving a Notice of Appeal from the Supreme Court's decision, and the filing of supporting material, with the hearing of such an application to be scheduled for a later date.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Costs
-
Limitation Periods
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Thomas v O'Neill [2013] NSWCA 23
Cases Citing This Decision
3
TFM Epping Land Pty Ltd v Decon Australia Pty Ltd
[2020] NSWCA 93
O'Brien v Bank of Western Australia Ltd
[2013] NSWCA 71
Thomas v O'Neill
[2013] NSWCA 23
Cases Cited
0
Statutory Material Cited
1