Metropolitan Petar v Mitreski [2003] NSWSC 1213

Metropolitan Petar v Mitreski [2003] NSWSC 1213

The orders made earlier on 26 November 2003 were withdrawn because the issue was raised promptly, the plaintiffs did not oppose, the Attorney-General did not oppose though did not consent, and withdrawal would facilitate the defendants' proposed course of pursuing a single appeal after the second trial without needing to seek an extension of time or delay an appeal.

Jurisdiction
Australia
Judgment Date
26 November 2003
Procedural Posture
Equity Proceedings / Application to Withdraw Orders Made Earlier the Same Day Following Reasons for Judgment
Outcome
Orders withdrawn.
Legal Topics
['judgments and Orders' 'amending, Varying and Setting Aside Orders' 'setting Aside or Withdrawal of Orders' 'appeal Timing']
['civil Procedure' 'equity'] ['judgments and Orders' 'amending, Varying and Setting Aside Orders' 'setting Aside or Withdrawal of Orders' 'appeal Timing']

Case Brief

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Procedural Posture

Equity Proceedings / Application to Withdraw Orders Made Earlier the Same Day Following Reasons for Judgment

Legal Issues

  1. 1 ["Whether the orders made earlier on 26 November 2003 should be withdrawn at an early stage in light of the defendants' proposed course of pursuing only one appeal after the second trial." 'Whether withdrawal of the formal orders should affect the reasons for judgment and directions for the further conduct of the proceedings.']

Ratio Decidendi

The orders made earlier on 26 November 2003 were withdrawn because the issue was raised promptly, the plaintiffs did not oppose, the Attorney-General did not oppose though did not consent, and withdrawal would facilitate the defendants' proposed course of pursuing a single appeal after the second trial without needing to seek an extension of time or delay an appeal.

Court Disposition

Orders withdrawn.

Orders

  • ['The orders made as a consequence of the reasons for judgment published earlier on 26 November 2003 were withdrawn.' 'The directions made on 26 November 2003 for the further conduct of the proceedings were not withdrawn.']