A ROYALE AND CO (AUST) PTY LIMITED v HAROLD SCRUBY CONSULTANCIES PTY LIMITED [1988] NSWCA 1

Leave granted to add unopposed ground 3; refused for ground 4 as the circumstances and evidence did not warrant leave for proposed amendment regarding denial of natural justice.

Parties: Appellant: A ROYALE & CO (AUST) PTY LIMITED; Respondent: HAROLD SCRUBY CONSULTANCIES PTY LIMITED
Jurisdiction: Australia
Judgment Date: 08 April 1988
Procedural Posture: Appeal / Application to Amend Grounds of Appeal
Outcome: Leave to amend notice of appeal granted in part only

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Parties

A ROYALE & CO (AUST) PTY LIMITED

Appellant

HAROLD SCRUBY CONSULTANCIES PTY LIMITED

Respondent

Procedural Posture

Appeal / Application to Amend Grounds of Appeal

Legal Issues

1 Whether leave should be granted to amend the notice of appeal to add further grounds

Ratio Decidendi

Leave granted to add unopposed ground 3; refused for ground 4 as the circumstances and evidence did not warrant leave for proposed amendment regarding denial of natural justice.

Court Disposition

Leave to amend notice of appeal granted in part only

Orders

Leave granted to amend notice of appeal to add ground 3
Leave refused to amend notice of appeal to add ground 4