ABIGROUP CONTRACTORS PTY LTD v ALGONS ENGINEERING PTY LTD [1998] NSWCA 2
The appeal does not satisfy the tests for expedition, as sufficient justification for urgency has not been established and expedition would not necessarily bring finality to the litigation.
- Parties
- Defendant/appellant: Abigroup Contractors Pty Ltd; Plaintiff/respondent: Algons Engineering Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 17 June 1998
- Procedural Posture
- Appeal / Motion for Expedition
- Outcome
- application for expedition refused
- Legal Topics
- Expedition of Appeal, Appeal Procedure
Case Brief
Summary, issues, holding and outcome
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Parties
Abigroup Contractors Pty Ltd
Defendant/appellant
Algons Engineering Pty Ltd
Plaintiff/respondent
Procedural Posture
Appeal / Motion for Expedition
Legal Issues
- 1 Whether the appeal should be expedited
Ratio Decidendi
The appeal does not satisfy the tests for expedition, as sufficient justification for urgency has not been established and expedition would not necessarily bring finality to the litigation.
Court Disposition
application for expedition refused
Orders
- Application for expedition refused with costs.
Full Case Text
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