BLEICHER v HAWTHORNE and ANOR [1993] NSWCA 26

BLEICHER v HAWTHORNE and ANOR [1993] NSWCA 26

Court directed that the appeal papers be prepared notwithstanding the absence of the respondent solicitors' certificate regarding transcript correctness, with an opportunity for respondents to suggest corrections before the appeal is heard.

Parties
Applicant: Bleicher; Respondent: Hawthorne
Jurisdiction
Australia
Judgment Date
16 August 1993
Procedural Posture
Appeal / Directions Regarding Preparation of Appeal Papers
Outcome
Direction granted as indicated; costs of application to be costs of appeal.
Legal Topics
Appeal Procedure, Certification of Transcript, Pt51 R24(10)(j)
Civil Procedure Appeal Procedure Certification of Transcript Pt51 R24(10)(j)

Case Brief

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Parties

Bleicher

Applicant

Hawthorne

Respondent

Procedural Posture

Appeal / Directions Regarding Preparation of Appeal Papers

Legal Issues

  1. 1 Whether appeal papers can proceed without respondent solicitor's certificate of correctness on the transcript under Pt51 R24(10)(j)

Ratio Decidendi

Court directed that the appeal papers be prepared notwithstanding the absence of the respondent solicitors' certificate regarding transcript correctness, with an opportunity for respondents to suggest corrections before the appeal is heard.

Court Disposition

Direction granted as indicated; costs of application to be costs of appeal.

Orders

  • Appeal papers to be prepared without respondent solicitors’ certificate of correctness.
  • Respondent parties to be allowed to propose transcript corrections before the hearing and notify the Registrar.