COCKBURN v GIO FINANCE LIMITED [1995] NSWCA 81

COCKBURN v GIO FINANCE LIMITED [1995] NSWCA 81

Expedition of appeal is appropriate given circumstances and the sale proceeds should be safeguarded as ordered, pending determination of appeal.

Parties
Appellant: Craig Manners Cockburn; First Respondent and Cross Appellant: GIO Finance Limited; Second Respondent: Mr McNally
Jurisdiction
Australia
Judgment Date
10 April 1995
Procedural Posture
Appeal / Interlocutory Application for Expedition and Orders Pending Appeal
Outcome
Appeal to be expedited; interim orders made regarding sale proceeds and submission timelines; costs of notice of motion in proceedings.
Legal Topics
Mortgage Discharge, Expedited Appeal, Interim Orders, Damages Assessment
Property Law Mortgage Law Mortgage Discharge Expedited Appeal Interim Orders Damages Assessment

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Parties

Craig Manners Cockburn

Appellant

GIO Finance Limited

First Respondent and Cross Appellant

Mr McNally

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Expedition and Orders Pending Appeal

Legal Issues

  1. 1 Whether the appeal should be expedited
  2. 2 What interim orders should be made pending appeal regarding sale proceeds

Ratio Decidendi

Expedition of appeal is appropriate given circumstances and the sale proceeds should be safeguarded as ordered, pending determination of appeal.

Court Disposition

Appeal to be expedited; interim orders made regarding sale proceeds and submission timelines; costs of notice of motion in proceedings.

Orders

  • The hearing of the appeal be expedited.
  • The hearing of the appeal be set down for 1 and 2 August 1995.