BARRETT v ECCO PERSONNEL PTY LIMITED [1997] NSWCA 41
Given the concession of incompetency of the appeal and pending a motion for leave to appeal, the practical course is to adjourn the motion to strike out and reserve costs.
- Parties
- Barrett; Ecco Personnel Pty Limited
- Jurisdiction
- Australia
- Judgment Date
- 28 April 1997
- Procedural Posture
- Appeal / Interlocutory
- Outcome
- Motion to strike out the appeal adjourned. Costs reserved.
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Parties
Barrett
Ecco Personnel Pty Limited
Procedural Posture
Appeal / Interlocutory
Legal Issues
- 1 Whether appeal is incompetent
- 2 How costs relating to the strike-out motion should be dealt with
Ratio Decidendi
Given the concession of incompetency of the appeal and pending a motion for leave to appeal, the practical course is to adjourn the motion to strike out and reserve costs.
Court Disposition
Motion to strike out the appeal adjourned. Costs reserved.
Orders
- The motion to strike out the appeal as incompetent is adjourned to 5 May.
- All costs relating to that motion, including costs of today, are reserved.
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