Muriniti v Lawcover Insurance Pty Ltd

[2022] NSWCA 159

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Application for leave to appeal
4. › From interlocutory orders
5. › Summary dismissal of proceeding
6. › Whether applicants demonstrated House v The King error
7. › Whether issue of principle warranting intervention
8. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Court of Appeal
3. › Amendment of draft notice of appeal
4. › Whether leave to amend should be granted
5. › Whether proposed ground fell outside scope of summons
6. › Whether proposed order premature where motions undetermined
1. Practice and Procedure
2. › Abuse of process
3. › Summary dismissal
4. › Serious allegations without proper pleading
5. › Proceeding sought to be held in abeyance indefinitely
6. › Whether abuse of process to maintain deficiently pleaded serious allegations

Quick Take

The case illustrates the difficulty of obtaining leave to appeal from a summary dismissal based on abuse of process, particularly where serious allegations are made without proper pleading and the applicant seeks indefinite adjournment.