The Court of
Appeal determined that the effect of the order under appeal was to «permanently foreclose» the Appellant from obtaining a determination of its claims against the personal defendants on their merits — a result that amounted to an inju
Appeal determined that the effect of the order under
appeal was to «permanently foreclose» the Appellant from obtaining a determination of its claims against the personal defendants on their merits — a result that amounted to an inju
appeal was to «permanently foreclose» the Appellant from obtaining a determination of its claims
against the personal defendants on their merits — a result that amounted to an
injustice.
«It is the very well - established practice of this court, in a case where the conviction was entirely proper under the law as it stood at the time of trial, to grant leave to
appeal against conviction out of time only where substantial
injustice would otherwise be done to the defendant.»