COMINO v MANETTAS; COONEY v MANETTAS [1993] NSWCA 70

COMINO v MANETTAS; COONEY v MANETTAS [1993] NSWCA 70

The application for variation of orders should be argued before a fully constituted court as on appeal; the matter is referred to the Registrar to fix a hearing date.

Parties
Applicant: Comino; Applicant: Cooney; Respondent: Manettas
Jurisdiction
Australia
Judgment Date
16 August 1993
Procedural Posture
Appeal / Application for Variation of Orders
Outcome
Matter referred to Registrar to fix date for hearing before the court as constituted; written submissions to be filed by all parties at least seven days before hearing; costs of today reserved.

Case Brief

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Parties

Comino

Applicant

Cooney

Applicant

Manettas

Respondent

Procedural Posture

Appeal / Application for Variation of Orders

Legal Issues

  1. 1 Whether variation of relief from declaration of entitlement to indemnity to an order for payment of a particular sum should be granted

Ratio Decidendi

The application for variation of orders should be argued before a fully constituted court as on appeal; the matter is referred to the Registrar to fix a hearing date.

Court Disposition

Matter referred to Registrar to fix date for hearing before the court as constituted; written submissions to be filed by all parties at least seven days before hearing; costs of today reserved.

Orders

  • Matter referred to Registrar to fix date for hearing before court as constituted
  • Each party to file written submissions at least seven days before hearing