BERARD v JONSHEL (NO 15) PTY LTD AND ANOR SUPREME COURT NEW SOUTH WALES [1992] NSWCA 22

BERARD v JONSHEL (NO 15) PTY LTD AND ANOR SUPREME COURT NEW SOUTH WALES [1992] NSWCA 22

The application for expedition should be refused because there are other cases in the list of at least equal or greater urgency, and the history does not justify expedition in this matter.

Parties
Applicant: Berard; Respondent: Jonshel (No 15) Pty Ltd; Respondent: Another Respondent
Jurisdiction
Australia
Judgment Date
19 October 1992
Procedural Posture
Application for Expedition of Appeal / Court of Appeal Decision
Outcome
Application for expedition refused; applicant to pay costs.
Legal Topics
Expedition of Hearing, Appeals, Land and Environment Court
Civil Procedure Expedition of Hearing Appeals Land and Environment Court

Case Brief

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Parties

Berard

Applicant

Jonshel (No 15) Pty Ltd

Respondent

Another Respondent

Respondent

Procedural Posture

Application for Expedition of Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether sufficient grounds exist to justify expediting the hearing of the appeal

Ratio Decidendi

The application for expedition should be refused because there are other cases in the list of at least equal or greater urgency, and the history does not justify expedition in this matter.

Court Disposition

Application for expedition refused; applicant to pay costs.

Orders

  • Application for expedition of appeal refused.
  • Applicant to pay the costs of the application.