Lianos v Order of AHEPA NSW Inc (No 3) [2020] NSWCA 340

Lianos v Order of AHEPA NSW Inc (No 3) [2020] NSWCA 340

The stay of previous orders should be extended until determination of the reopening application as continuation aligns with the original rationale for granting the stay and no prejudice to the parties has been demonstrated. Orders granted regarding filings and admissibility of evidence are necessary to allow the procedural determination of the reopening application.

Jurisdiction
Australia
Judgment Date
17 December 2020
Procedural Posture
Appeal / Interlocutory Application for Extension of Stay and Joinder Pending Reopening Application
Outcome
Stay of earlier orders extended; procedural orders made to facilitate hearing of reopening application.
Legal Topics
['stay of Orders' 'reopening Application' 'joinder of Parties' 'leave to Adduce Further Evidence']
['civil Procedure' 'corporations Law'] ['stay of Orders' 'reopening Application' 'joinder of Parties' 'leave to Adduce Further Evidence']

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Procedural Posture

Appeal / Interlocutory Application for Extension of Stay and Joinder Pending Reopening Application

Legal Issues

  1. 1 ['Whether to extend a stay of orders pending the determination of a reopening application' 'Whether non-party applicants should be granted leave to be joined to seek reopening' 'Whether admissibility of further evidence justified reopening']

Ratio Decidendi

The stay of previous orders should be extended until determination of the reopening application as continuation aligns with the original rationale for granting the stay and no prejudice to the parties has been demonstrated. Orders granted regarding filings and admissibility of evidence are necessary to allow the procedural determination of the reopening application.

Court Disposition

Stay of earlier orders extended; procedural orders made to facilitate hearing of reopening application.

Orders

  • ['Grant applicants leave to file and rely on amended notice of motion provided 14 December 2020.' 'Direct any unfiled amended notice of motion to be filed forthwith.' 'Grant leave to applicants to read affidavit of Christine Louise Perry sworn 10 December 2020, subject to specified restrictions.' 'Extend the stay...