TOIKAN INTERNATIONAL INSURANCE BROKING PTY LTD v PLASTEEL WINDOWS AUSTRALIA PTY LTD [1989] NSWCA 212
In order to enable determination of the substantive issue by the Appeal Court and address confusion regarding the operative judgment date, leave for lodgment out of time is appropriate and granted.
- Parties
- Claimant: Toikan International Insurance Broking Pty Ltd; First Respondent: Plasteel Windows Australia Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 28 August 1989
- Procedural Posture
- Application / Application for Extension of Time to Appeal
- Outcome
- Application granted
- Legal Topics
- Extension of Time for Appeal, Appeal Process, Judgments
Case Brief
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Parties
Toikan International Insurance Broking Pty Ltd
Claimant
Plasteel Windows Australia Pty Ltd
First Respondent
Procedural Posture
Application / Application for Extension of Time to Appeal
Legal Issues
- 1 Whether the applicant should be granted an extension of time to file an appeal regarding the judgment delivered on 19 May 1989 or 22 May 1989
Ratio Decidendi
In order to enable determination of the substantive issue by the Appeal Court and address confusion regarding the operative judgment date, leave for lodgment out of time is appropriate and granted.
Court Disposition
Application granted
Orders
- Orders 1 and 2 as set forth in the notice of motion are made
- Costs of the application to be costs in the appeal
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