MARGARITIS and ORS v AGC (ADVANCES) LTD and ANOR [1991] NSWCA 189

MARGARITIS and ORS v AGC (ADVANCES) LTD and ANOR [1991] NSWCA 189

The matter was stood over to a date to be fixed; claimants were given leave to amend and file appropriate applications for leave to appeal, and, if necessary, to issue subpoenas or notices to produce regarding the relevant documents; points of claim to be filed before hearing.

Parties
Claimants: Margaritis and Ors; First Opponent: AGC (Advances) Ltd; Second Opponent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
23 September 1991
Procedural Posture
Application to Extend Time for Instituting Appeal / Procedural Interlocutory Motion / Interlocutory (motion for Extension of Time, Leave to Appeal Not Yet Filed)
Outcome
Application stood over; leave granted to amend motion and file further applications; liberty to issue subpoenas or notices to produce; points of claim to be served before hearing; costs reserved.
Legal Topics
Extension of Time, Leave to Appeal, Production of Documents, Subpoena, Notice to Produce
Civil Procedure Extension of Time Leave to Appeal Production of Documents Subpoena Notice to Produce

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Margaritis and Ors

Claimants

AGC (Advances) Ltd

First Opponent

Westpac Banking Corporation

Second Opponent

Procedural Posture

Application to Extend Time for Instituting Appeal / Procedural Interlocutory Motion / Interlocutory (motion for Extension of Time, Leave to Appeal Not Yet Filed)

Legal Issues

  1. 1 Whether the time for instituting an appeal from orders made by consent should be extended
  2. 2 Whether the claimants should have leave to amend the present motion and file an application for leave to appeal
  3. 3 Procedural arrangements in relation to the production of documents

Ratio Decidendi

The matter was stood over to a date to be fixed; claimants were given leave to amend and file appropriate applications for leave to appeal, and, if necessary, to issue subpoenas or notices to produce regarding the relevant documents; points of claim to be filed before hearing.

Court Disposition

Application stood over; leave granted to amend motion and file further applications; liberty to issue subpoenas or notices to produce; points of claim to be served before hearing; costs reserved.

Orders

  • Proceedings stood over to a date to be fixed by Registrar.
  • Claimants granted leave to amend the present motion and to file application for leave to appeal or other appropriate applications.