CASTRISSION AND ANOR v ALMA CONSTRUCTIONS PTY LTD [1993] NSWCA 50

CASTRISSION AND ANOR v ALMA CONSTRUCTIONS PTY LTD [1993] NSWCA 50

It would not be appropriate to dismiss the appeal due to past procedural defaults since amended appeal books are now ready for filing; the summons should be dismissed, but costs of the summons should be paid by the appellants.

Parties
Appellant: Castrission; Respondent: Alma Constructions Pty Ltd
Jurisdiction
Australia
Judgment Date
26 July 1993
Procedural Posture
Civil / Application to Dismiss Appeal for Want of Prosecution
Outcome
Summons dismissed. Appellants to pay claimant's costs of the summons. Appeal books to be filed on or before 2 August 1993.

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 1 Party arguments 2
Sign in to unlock

Parties

Castrission

Appellant

Alma Constructions Pty Ltd

Respondent

Procedural Posture

Civil / Application to Dismiss Appeal for Want of Prosecution

Legal Issues

  1. 1 Whether appeal should be dismissed for want of prosecution due to procedural defaults

Ratio Decidendi

It would not be appropriate to dismiss the appeal due to past procedural defaults since amended appeal books are now ready for filing; the summons should be dismissed, but costs of the summons should be paid by the appellants.

Court Disposition

Summons dismissed. Appellants to pay claimant's costs of the summons. Appeal books to be filed on or before 2 August 1993.

Orders

  • The summons is dismissed.
  • Appellants to pay the claimant's costs of the summons.