MOULIEUX PTY LTD v GIRVAN NSW PTY LTD (RECEIVER AND MANAGER APPOINTED) [1991] NSWCA 209

MOULIEUX PTY LTD v GIRVAN NSW PTY LTD (RECEIVER AND MANAGER APPOINTED) [1991] NSWCA 209

The proposed appeal has no prospects of success; this was a case of misnomer, not mistaken identity, and claimant's conduct (via its managing director) in the proceedings created estoppel; therefore the extension of time to appeal should be refused.

Parties
Claimant: Moulieux Pty Ltd; Opponent: Girvan NSW Pty Ltd (Receiver and Manager Appointed)
Jurisdiction
Australia
Judgment Date
20 September 1991
Procedural Posture
Civil / Application for Extension of Time to Appeal From Final Judgment
Outcome
Summons for extension of time to appeal dismissed with costs.
Legal Topics
Extension of Time to Appeal, Misnomer Vs Incorrect Identity of Party, Amendment of Parties, Estoppel
Practice and Procedure Extension of Time to Appeal Misnomer Vs Incorrect Identity of Party Amendment of Parties Estoppel

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Parties

Moulieux Pty Ltd

Claimant

Girvan NSW Pty Ltd (Receiver and Manager Appointed)

Opponent

Procedural Posture

Civil / Application for Extension of Time to Appeal From Final Judgment

Legal Issues

  1. 1 Whether time for appealing against orders substituting another company as judgment debtor should be extended
  2. 2 Whether amendment of the defendant's name was a case of misnomer or incorrect party identity
  3. 3 Whether claimant is estopped from denying its liability

Ratio Decidendi

The proposed appeal has no prospects of success; this was a case of misnomer, not mistaken identity, and claimant's conduct (via its managing director) in the proceedings created estoppel; therefore the extension of time to appeal should be refused.

Court Disposition

Summons for extension of time to appeal dismissed with costs.

Orders

  • Summons dismissed with costs.
  • Stay previously granted dissolved.