AUSTRALIAN POSTAL COMMISSION v ABALOS [1989] NSWCA 12

AUSTRALIAN POSTAL COMMISSION v ABALOS [1989] NSWCA 12

Leave to file a notice of contention out of time is granted where the opposing party cannot show serious prejudice, enabling the respondent to put the entirety of their case.

Parties
Appellant: Australian Postal Commission; Respondent: Abalos
Jurisdiction
Australia
Judgment Date
12 July 1989
Procedural Posture
Appeal / Interlocutory Order in Appeal
Outcome
Leave granted to file notice of contention out of time; costs of and incident to the notice of contention awarded to respondent to be paid in any event.
Legal Topics
Notice of Contention, Negligence, Grounds of Appeal
Civil Procedure Notice of Contention Negligence Grounds of Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Australian Postal Commission

Appellant

Abalos

Respondent

Procedural Posture

Appeal / Interlocutory Order in Appeal

Legal Issues

  1. 1 Whether leave should be granted to the respondent to file a notice of contention out of time raising additional heads of negligence.

Ratio Decidendi

Leave to file a notice of contention out of time is granted where the opposing party cannot show serious prejudice, enabling the respondent to put the entirety of their case.

Court Disposition

Leave granted to file notice of contention out of time; costs of and incident to the notice of contention awarded to respondent to be paid in any event.

Orders

  • Respondent granted leave to file a notice of contention by 2.15pm today.
  • Respondent to pay costs of and incidental to the notice of contention, including costs arising from additional time the appeal may take.