CHAPPUIS v FILO [1990] NSWCA 38

CHAPPUIS v FILO [1990] NSWCA 38

Proceedings should not continue until Mr Costache is served or sufficient effort at service is demonstrated, as he is directly affected by potential relief, and amendment of the notice of appeal and joinder is proper in the circumstances.

Parties
Appellant: Chappuis; Respondent: Filo; Respondent: Stefan Costache
Jurisdiction
Australia
Judgment Date
05 April 1990
Procedural Posture
Appeal / Interlocutory Orders Pending Further Hearing
Outcome
interlocutory orders granted; proceedings adjourned for further steps
Legal Topics
Joinder of Parties, Amendment of Notice of Appeal, Service of Process
Civil Procedure Joinder of Parties Amendment of Notice of Appeal Service of Process

Case Brief

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Parties

Chappuis

Appellant

Filo

Respondent

Stefan Costache

Respondent

Procedural Posture

Appeal / Interlocutory Orders Pending Further Hearing

Legal Issues

  1. 1 Whether the form of judgment below (against each defendant for the full amount) was proper
  2. 2 Whether Stefan Costache should be added as a respondent and properly served

Ratio Decidendi

Proceedings should not continue until Mr Costache is served or sufficient effort at service is demonstrated, as he is directly affected by potential relief, and amendment of the notice of appeal and joinder is proper in the circumstances.

Court Disposition

interlocutory orders granted; proceedings adjourned for further steps

Orders

  • Leave granted to appellant to amend notice of appeal by adding a ground challenging the form of the judgment below and adding Stefan Costache as a respondent.
  • Time for service of the amended notice of appeal abridged to 4 pm on 6 April.