IN RE DAVIES ([node:field-casenumber]) [1922] SLCA 1 (14 February 1922);

Search Summary: 

Civil Procedure - appeals - time for appeal - leave to appeal - if appeal from Supreme Court lapses, new application for leave may in some circumstances be made to Supreme Court -must be within three months of decision on merits: If an appeal from the Supreme Court or Circuit Court has been abandoned or has lapsed a new application for leave to appeal may in certain circumstances be made to such court under the proviso to r. 5 of the schedule to the Supreme Court Amendment Ordinance, 1912, but is subject to the time limit of three months prescribed by r. 8 of the schedule; these provisions do not apply to applications to the Full Court (page 13, line 23- page 14, line 1). 

Courts - Full Court - appeals - leave to appeal - if appeal lapses new application for leave may in some circumstances be made within three months to court below under Supreme Court Amendment Ordinance, 1912, Schedule, r. 5 proviso - proviso does not apply to applications to Full Court: See [1] above.

Time - time for application for leave to appeal - appeals to Full Court - if appeal from Supreme Court lapses, new application for leave may in some circumstances be made to Supreme Court - must be within three months of decision on merits: See [1] above. 

Law Report Citation: 
1920-36 ALR S.L. 12