Apostolou v VA Corporation of Aust Pty Ltd (No 1) [2011] FCAFC 28

Apostolou v VA Corporation of Aust Pty Ltd (No 1) [2011] FCAFC 28

The adjournment applications were dismissed because, having regard to the history of the proceedings, most of the appeal had already been heard on the hearing day. The applications for leave to amend the notices of appeal were dismissed because they were not made by reference to any articulated ground of appeal.

Jurisdiction
Australia
Judgment Date
24 February 2011
Procedural Posture
Appeal From the Federal Court of Australia / Applications During the Hearing of the Appeals for Adjournment and for Leave to Amend the Notices of Appeal
Outcome
Applications to adjourn the appeals and for leave to amend the notices of appeal dismissed.
Legal Topics
['adjournment of Appeal' 'leave to Amend Notice of Appeal' 'unarticulated Proposed Ground of Appeal']
['civil Procedure' 'appellate Procedure'] ['adjournment of Appeal' 'leave to Amend Notice of Appeal' 'unarticulated Proposed Ground of Appeal']

Case Brief

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Procedural Posture

Appeal From the Federal Court of Australia / Applications During the Hearing of the Appeals for Adjournment and for Leave to Amend the Notices of Appeal

Legal Issues

  1. 1 ['Whether the appeals should be adjourned after most of the hearing had proceeded.' 'Whether leave should be granted to amend the notice of appeal where no proposed ground of appeal was articulated.']

Ratio Decidendi

The adjournment applications were dismissed because, having regard to the history of the proceedings, most of the appeal had already been heard on the hearing day. The applications for leave to amend the notices of appeal were dismissed because they were not made by reference to any articulated ground of appeal.

Court Disposition

Applications to adjourn the appeals and for leave to amend the notices of appeal dismissed.

Orders

  • ["In VID 143 of 2010, the Appellants' application to adjourn the appeal be dismissed." "In VID 143 of 2010, the Appellants' application for leave to amend the notice of appeal in an unspecified way be dismissed." "In VID 704 of 2008, the Appellant's application to adjourn the appeal be dismissed." "In VID 704 of...