EMMERTON v MINISTER FOR NSW POLICE and ORS [1994] NSWCA 90

EMMERTON v MINISTER FOR NSW POLICE and ORS [1994] NSWCA 90

Leave is granted to amend the notice of appeal so it conforms to requirements for an application for leave to appeal and extension of time solely in relation to Badgery-Parker J's judgment; extension to include appeal from Levine J's judgment is refused at this stage.

Parties
Applicant: Emmerton; Claimant: Minister for NSW Police
Jurisdiction
Australia
Judgment Date
07 February 1994
Procedural Posture
Motion to Amend Notice of Appeal/application for Leave to Appeal / Interlocutory; Application to Amend Notice of Appeal
Outcome
leave to amend notice of appeal granted (confined to Badgery-Parker J's judgment); costs ordered against applicant
Legal Topics
Appeal Requirements, Amendment of Notice of Appeal, Extension of Time, Leave to Appeal
Civil Procedure Appeal Requirements Amendment of Notice of Appeal Extension of Time Leave to Appeal

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Parties

Emmerton

Applicant

Minister for NSW Police

Claimant

Procedural Posture

Motion to Amend Notice of Appeal/application for Leave to Appeal / Interlocutory; Application to Amend Notice of Appeal

Legal Issues

  1. 1 Whether leave should be granted to amend a notice of appeal to an application for leave to appeal against interlocutory orders
  2. 2 Whether an application for leave to appeal against a decision of another judge (Levine J) should be included in the amendment

Ratio Decidendi

Leave is granted to amend the notice of appeal so it conforms to requirements for an application for leave to appeal and extension of time solely in relation to Badgery-Parker J's judgment; extension to include appeal from Levine J's judgment is refused at this stage.

Court Disposition

leave to amend notice of appeal granted (confined to Badgery-Parker J's judgment); costs ordered against applicant

Orders

  • Leave granted to Emmerton to amend notice of appeal in respect of Badgery-Parker J's judgment, in compliance with requirements for leave to appeal and extension of time
  • Leave confined to amendments relating to application for leave to appeal against Badgery-Parker J only