ECKETT ENTERPRISES PTY LIMITED v COSMETIC TECHNICAL SERVICES PTY LIMITED [1997] NSWCA 100

ECKETT ENTERPRISES PTY LIMITED v COSMETIC TECHNICAL SERVICES PTY LIMITED [1997] NSWCA 100

The Notice of Motion was dismissed due to the claimant's repeated and unexplained delays at all stages, with no sufficient reason or evidence provided to justify extensions or revocation of prior orders; the appeal was also dismissed as there were no grounds to support its continuation.

Parties
Claimant: Eckett Enterprises Pty Limited; Opponent: Cosmetic Technical Services Pty Limited
Jurisdiction
Australia
Judgment Date
03 March 1997
Procedural Posture
Civil / Appellate
Outcome
Notice of Motion dismissed with costs; appeal dismissed with costs.
Legal Topics
Dismissal for Delay, Notice of Appeal, Reinstatement of Company, Costs
Civil Procedure Dismissal for Delay Notice of Appeal Reinstatement of Company Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Eckett Enterprises Pty Limited

Claimant

Cosmetic Technical Services Pty Limited

Opponent

Procedural Posture

Civil / Appellate

Legal Issues

  1. 1 Whether time for varying the Notice of Appeal should be extended
  2. 2 Whether prior order striking out the appeal should be revoked
  3. 3 Whether the Notice of Motion should be dismissed due to delays

Ratio Decidendi

The Notice of Motion was dismissed due to the claimant's repeated and unexplained delays at all stages, with no sufficient reason or evidence provided to justify extensions or revocation of prior orders; the appeal was also dismissed as there were no grounds to support its continuation.

Court Disposition

Notice of Motion dismissed with costs; appeal dismissed with costs.

Orders

  • Notice of Motion dismissed with costs
  • Appeal dismissed with costs