MARRICKVILLE MUNICIPAL COUNCIL v MOUSTAFA [2001] NSWCA 50

MARRICKVILLE MUNICIPAL COUNCIL v MOUSTAFA [2001] NSWCA 50

General leave to amend the notice of appeal is granted with the caveat that the opponent may seek to have the new grounds struck out if they exceed the original leave granted.

Jurisdiction
Australia
Judgment Date
12 March 2001
Procedural Posture
Appeal / Application for Leave to Amend Notice of Appeal
Outcome
Application granted with conditions
Legal Topics
['leave to Amend Notice of Appeal' 'test Case' 'contributory Negligence']
['civil Procedure'] ['leave to Amend Notice of Appeal' 'test Case' 'contributory Negligence']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 ['Whether leave should be granted to amend the notice of appeal to include new grounds.' 'Whether the new grounds are outside the conditions upon which leave to appeal was originally granted.']

Ratio Decidendi

General leave to amend the notice of appeal is granted with the caveat that the opponent may seek to have the new grounds struck out if they exceed the original leave granted.

Court Disposition

Application granted with conditions

Orders

  • ['The claimant, Marrickville Municipal Council, has leave to amend the notice of appeal generally within seven days of the judgment date.' 'The opponent, Yousef Moustafa, has leave, at the hearing of the appeal or on earlier application, to seek to have the grounds of appeal struck out on the basis that they are...