BALTIC SHIPPING CO v GEOFFREY PHILLIP MERCHANT and ORS [1993] NSWCA 19

BALTIC SHIPPING CO v GEOFFREY PHILLIP MERCHANT and ORS [1993] NSWCA 19

Extension of time to file notice of appeal is conditional on payment of $810,000 or provision of a bond. Costs of the day's application will be costs in the appeal.

Parties
Opponent: Baltic Shipping Co; Claimants/respondents: Geoffrey Phillip Merchant and Ors
Jurisdiction
Australia
Judgment Date
09 August 1993
Procedural Posture
Appeal / Interlocutory Application for Extension of Time and Costs Order
Outcome
Extension of time to appeal granted on condition. Costs of application to be costs in the appeal.
Legal Topics
Extension of Time to Appeal, Conditional Leave to Appeal, Costs of Interlocutory Application
Civil Procedure Extension of Time to Appeal Conditional Leave to Appeal Costs of Interlocutory Application

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Parties

Baltic Shipping Co

Opponent

Geoffrey Phillip Merchant and Ors

Claimants/respondents

Procedural Posture

Appeal / Interlocutory Application for Extension of Time and Costs Order

Legal Issues

  1. 1 Whether leave to appeal should be rescinded or made conditional on payment
  2. 2 Whether an extension of time to file notice of appeal should be granted, and on what terms
  3. 3 What is a reasonable time for payment of verdict moneys

Ratio Decidendi

Extension of time to file notice of appeal is conditional on payment of $810,000 or provision of a bond. Costs of the day's application will be costs in the appeal.

Court Disposition

Extension of time to appeal granted on condition. Costs of application to be costs in the appeal.

Orders

  • Extension of time to file notice of appeal until 5 pm today, conditional on payment of $810,000 or provision of an irrevocable bank bond by 5 pm on 19 August 1993.
  • If payment or bond not provided by deadline, claimants may move to have appeal struck out on 24 hours notice.