ADAMOPOULOS v OLYMPIC AIRWAYS SA [1989] NSWCA 1

ADAMOPOULOS v OLYMPIC AIRWAYS SA [1989] NSWCA 1

It is inappropriate to grant orders sought by the appellant which would, in substance, determine issues central to the pending appeal before the appeal is resolved. Similarly, there is no proper basis for the court to order the respondent to answer correspondence.

Parties
Appellant: Constantinos Adamopoulos; Second Respondent: Olympic Airways SA
Jurisdiction
Australia
Judgment Date
06 November 1989
Procedural Posture
Civil / Interlocutory Application on Notice of Motion Pending Appeal
Outcome
Notice of motion dismissed with costs.
Civil Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Constantinos Adamopoulos

Appellant

Olympic Airways SA

Second Respondent

Procedural Posture

Civil / Interlocutory Application on Notice of Motion Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to an order for release of frozen moneys held in a bank account pending the outcome of the appeal
  2. 2 Whether the court should order Olympic Airways SA to respond to correspondence from the appellant

Ratio Decidendi

It is inappropriate to grant orders sought by the appellant which would, in substance, determine issues central to the pending appeal before the appeal is resolved. Similarly, there is no proper basis for the court to order the respondent to answer correspondence.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion of 30 October 1989 be dismissed with costs.