BABANA v HANNA [1995] NSWCA 36

BABANA v HANNA [1995] NSWCA 36

Order to discontinue the appeal was correct at time, but subsequently discovered facts show claimant had filed notice of appeal with appointment; justice requires claimant be allowed to proceed with appeal.

Parties
Claimant: Babana; Opponent: Hanna
Jurisdiction
Australia
Judgment Date
27 February 1995
Procedural Posture
Appeal / Application to Discharge/vary Prior Discontinuance Order
Outcome
Claimant permitted to proceed with appeal; appeal deemed to have been filed within time; claimant must pay opponent's costs.
Legal Topics
Discontinuance of Appeal, Variation of Orders
Practice and Procedure Discontinuance of Appeal Variation of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Babana

Claimant

Hanna

Opponent

Procedural Posture

Appeal / Application to Discharge/vary Prior Discontinuance Order

Legal Issues

  1. 1 whether the claimant should be permitted to proceed with the appeal despite prior discontinuance order

Ratio Decidendi

Order to discontinue the appeal was correct at time, but subsequently discovered facts show claimant had filed notice of appeal with appointment; justice requires claimant be allowed to proceed with appeal.

Court Disposition

Claimant permitted to proceed with appeal; appeal deemed to have been filed within time; claimant must pay opponent's costs.

Orders

  • Claimant permitted to proceed with the appeal filed herein.
  • Such appeal is deemed to have been filed within time.