TOIKAN INTERNATIONAL INSURANCE BROKING PTY LTD v PLASTEEL WINDOWS AUSTRALIA PTY LTD [1989] NSWCA 212

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

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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

  1. 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