RIZZUTI v HANCOCK AND ORS [1992] NSWCA 213

RIZZUTI v HANCOCK AND ORS [1992] NSWCA 213

The motion for expedition is dismissed, but steps are ordered for preparation of appeal papers to allow prompt fixing of a hearing date; further hearing on the supplementary notice of appeal is stood over until the appeal or further order.

Parties
Claimant: Rizzuti; Respondents: Hancock and Ors
Jurisdiction
Australia
Judgment Date
24 February 1992
Procedural Posture
Appeal / Interlocutory Motions
Outcome
Motion of 9 December 1991 dismissed; further hearing of motion of 31 January 1992 stood over until appeal or further order.
Legal Topics
Expedition of Appeal, Strike Out Supplementary Notice of Appeal
Expedition of Appeal Strike Out Supplementary Notice of Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Rizzuti

Claimant

Hancock and Ors

Respondents

Procedural Posture

Appeal / Interlocutory Motions

Legal Issues

  1. 1 Whether the appeal should be expedited
  2. 2 Whether the supplementary notice of appeal should be struck out

Ratio Decidendi

The motion for expedition is dismissed, but steps are ordered for preparation of appeal papers to allow prompt fixing of a hearing date; further hearing on the supplementary notice of appeal is stood over until the appeal or further order.

Court Disposition

Motion of 9 December 1991 dismissed; further hearing of motion of 31 January 1992 stood over until appeal or further order.

Orders

  • Motion of 9 December 1991 dismissed
  • Costs reserved to the court dealing with the appeal