G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation) v LOMBARD INSURANCE CO (AUSTRALIA) LTD [1989] NSWCA 80

G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation) v LOMBARD INSURANCE CO (AUSTRALIA) LTD [1989] NSWCA 80

The court found there was no emergency or urgency requiring immediate hearing and adjourned the application to an ordinary motion day, staying the proceedings at first instance.

Parties
Claimant: G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation); Opponent: LOMBARD INSURANCE CO (AUSTRALIA) LTD
Jurisdiction
Australia
Judgment Date
10 April 1989
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision
Outcome
Application adjourned, proceedings at first instance stayed, costs in the application.

Case Brief

Summary, issues, holding and outcome

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Parties

G AND J SHOPFITTING AND REFRIGERATION CO PTY LTD (In liquidation)

Claimant

LOMBARD INSURANCE CO (AUSTRALIA) LTD

Opponent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal From Interlocutory Decision

Legal Issues

  1. 1 Whether the proceedings should continue before a jury or be discharged or dispensed with

Ratio Decidendi

The court found there was no emergency or urgency requiring immediate hearing and adjourned the application to an ordinary motion day, staying the proceedings at first instance.

Court Disposition

Application adjourned, proceedings at first instance stayed, costs in the application.

Orders

  • The application is adjourned to 17 April 1989.
  • The proceedings at first instance are stayed up to and including 17 April 1989.