TRYMIND PTY LTD T/AS WHITE AND McKAYS GLASS v K AND W HAULAGE PTY LTD [1994] NSWCA 322

TRYMIND PTY LTD T/AS WHITE AND McKAYS GLASS v K AND W HAULAGE PTY LTD [1994] NSWCA 322

It is more efficient for the summons for leave to cross appeal to be determined by the court that hears the appeal proper; the question of leave is adjourned and reserved for that hearing.

Parties
Claimant: TRYMIND PTY LTD T/AS WHITE & McKAYS GLASS; Opponent: K & W HAULAGE PTY LTD
Jurisdiction
Australia
Judgment Date
12 December 1994
Procedural Posture
Appeal / Interlocutory Summons for Leave to Cross Appeal Adjourned
Outcome
Summons for leave to cross appeal stood over to be heard with the main appeal. No order as to costs of today's hearing; costs to be determined by court hearing the summons.
Legal Topics
Appeal as of Right, Summons for Leave to Cross Appeal, Procedural Economy, Cross Appeal
Practice and Procedure Appeal as of Right Summons for Leave to Cross Appeal Procedural Economy Cross Appeal

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Parties

TRYMIND PTY LTD T/AS WHITE & McKAYS GLASS

Claimant

K & W HAULAGE PTY LTD

Opponent

Procedural Posture

Appeal / Interlocutory Summons for Leave to Cross Appeal Adjourned

Legal Issues

  1. 1 Whether leave to cross appeal should be determined now or stood over to be heard with the appeal
  2. 2 Whether there is an appeal as of right on the cross-appeal

Ratio Decidendi

It is more efficient for the summons for leave to cross appeal to be determined by the court that hears the appeal proper; the question of leave is adjourned and reserved for that hearing.

Court Disposition

Summons for leave to cross appeal stood over to be heard with the main appeal. No order as to costs of today's hearing; costs to be determined by court hearing the summons.

Orders

  • Summons for leave to cross appeal is stood over to be listed on the day of the return of the opponent's appeal as of right.
  • Written submissions ordered.