BEYNON v WONGALA HOLDINGS PTY LTD [1998] NSWCA 39

BEYNON v WONGALA HOLDINGS PTY LTD [1998] NSWCA 39

Leave to appeal should be granted and the hearing should be expedited but not listed within six months; the order for costs of the summons for leave is that they be costs in the appeal.

Parties
Applicant: Beynon; Respondent: Wongala Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
16 February 1998
Procedural Posture
Appeal / Application for Leave
Outcome
Leave granted; hearing to be expedited but not listed within six months; costs of summons to be costs in the appeal; no other orders.

Case Brief

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Parties

Beynon

Applicant

Wongala Holdings Pty Ltd

Respondent

Procedural Posture

Appeal / Application for Leave

Legal Issues

  1. 1 Whether leave to appeal should be granted
  2. 2 Whether appeal hearing should be expedited

Ratio Decidendi

Leave to appeal should be granted and the hearing should be expedited but not listed within six months; the order for costs of the summons for leave is that they be costs in the appeal.

Court Disposition

Leave granted; hearing to be expedited but not listed within six months; costs of summons to be costs in the appeal; no other orders.

Orders

  • Leave to appeal is granted
  • The hearing of the appeal is to be expedited but not listed within six months from this day