Dean Michael Russo and Anna Maria De Palma v Acebond Pty Limited [2012] NSWSC 300

Dean Michael Russo and Anna Maria De Palma v Acebond Pty Limited [2012] NSWSC 300

The Summons for leave to appeal was filed out of time; while the court granted an extension of time, leave to appeal was refused as the grounds sought to be raised either did not involve a question of mixed law and fact or were not raised before the Magistrate; the Magistrate's findings were supported by evidence and the plaintiffs were bound by conduct of their case at first instance.

Jurisdiction
Australia
Judgment Date
05 April 2012
Procedural Posture
Appeal From Local Court / Application for Extension of Time and Leave to Appeal; Judgment on Those Applications
Outcome
Extension of time granted; leave to appeal refused; Summons dismissed; plaintiffs to pay defendant's costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'appeal From Local Court' 'dismissal of Cross Claim' 'quantum of Damages' 'mercantile Agent Fees']
['civil Procedure'] ['extension of Time' 'leave to Appeal' 'appeal From Local Court' 'dismissal of Cross Claim' 'quantum of Damages' 'mercantile Agent Fees']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Local Court / Application for Extension of Time and Leave to Appeal; Judgment on Those Applications

Legal Issues

  1. 1 ['Whether extension of time to file Summons for leave to appeal should be granted' 'Whether leave to appeal should be granted on ground relating to dismissal of Cross Claim' 'Whether leave to appeal should be granted on ground relating to award of mercantile agent fees']

Ratio Decidendi

The Summons for leave to appeal was filed out of time; while the court granted an extension of time, leave to appeal was refused as the grounds sought to be raised either did not involve a question of mixed law and fact or were not raised before the Magistrate; the Magistrate's findings were supported by evidence and the plaintiffs were bound by conduct of their case at first instance.

Court Disposition

Extension of time granted; leave to appeal refused; Summons dismissed; plaintiffs to pay defendant's costs.

Orders

  • ['Time for filing Summons extended to 22 November 2011.' 'Leave to appeal refused.' 'Summons dismissed.' "Plaintiffs to pay the defendant's costs."]