DELL v DALTON [1991] NSWCA 76

DELL v DALTON [1991] NSWCA 76

The parties have made a case for expedition due to the significance and urgency of resolving construction problems under the Motor Accidents Act 1988; accordingly, hearing of the appeal will be expedited, and the costs of the application will be costs in the appeal.

Parties
Applicant: DELL; Respondent: DALTON
Jurisdiction
Australia
Judgment Date
22 April 1991
Procedural Posture
Application for Expedition of Appeal / Application for Expedition
Outcome
Application for expedition granted.
Legal Topics
Expedition of Appeal, Costs of Application, Assessment of Interest
Motor Accidents Expedition of Appeal Costs of Application Assessment of Interest

Case Brief

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Parties

DELL

Applicant

DALTON

Respondent

Procedural Posture

Application for Expedition of Appeal / Application for Expedition

Legal Issues

  1. 1 Whether the hearing of the appeal should be expedited due to the importance and urgency of the construction problems under the Motor Accidents Act 1988 and conflicting judgments regarding interest assessment.

Ratio Decidendi

The parties have made a case for expedition due to the significance and urgency of resolving construction problems under the Motor Accidents Act 1988; accordingly, hearing of the appeal will be expedited, and the costs of the application will be costs in the appeal.

Court Disposition

Application for expedition granted.

Orders

  • Hearing of the appeal is expedited and specially fixed for 15 and 16 May.
  • Written submissions are ordered.