GENET v. SCHUMACHER AND STRAUMANN (001) [1923] SLSC 2 (23 February 1923);

Search Summary: 

 Civil Procedure - appeals - time for appeal - leave to appeal - application made when court hears motion not when notice of motion filed: An application for leave to appeal against a decision of the Supreme Court on the merits of the case is made when the court actually hears the motion and if the hearing is more than three months from the date of the decision, the application will be out of time even if the notice of motion 10 is filed within that period (page 77, line 31- page 78, line 13).  

 Statutes - interpretation - statute to be interpreted as a whole - meaning and effect to be given to every part: A statute should be construed so that if possible no word, clause or sentence is ineffective or meaningless (page 78, lines 1-9). 

Time - time for application for leave to appeal - application made when motion heard not when notice of motion filed: See [1] above. 

Law Report Citation: 
192()--36 ALR S.L. 76