GALLAGHER v CHARANEKA [1993] NSWCA 104

GALLAGHER v CHARANEKA [1993] NSWCA 104

In all the circumstances, leave should be granted to file and rely upon the Notice of Contention at the hearing, with costs of the application to be paid by the applicant.

Parties
Applicant: Gallagher; Respondent: Charaneka
Jurisdiction
Australia
Judgment Date
12 July 1993
Procedural Posture
Civil / Application for Leave to File Notice of Contention Out of Time
Outcome
leave granted to file Notice of Contention out of time; costs application to be paid by applicant
Legal Topics
Leave to File Notice of Contention, Failure to Comply With Rules, Costs
Civil Procedure Leave to File Notice of Contention Failure to Comply With Rules Costs

Case Brief

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Parties

Gallagher

Applicant

Charaneka

Respondent

Procedural Posture

Civil / Application for Leave to File Notice of Contention Out of Time

Legal Issues

  1. 1 Whether leave should be granted to file a Notice of Contention out of time

Ratio Decidendi

In all the circumstances, leave should be granted to file and rely upon the Notice of Contention at the hearing, with costs of the application to be paid by the applicant.

Court Disposition

leave granted to file Notice of Contention out of time; costs application to be paid by applicant

Orders

  • Leave be granted to file a Notice of Contention within twenty-four hours and to rely on it at the hearing of the appeal.
  • Costs of the application for leave to be paid by the applicant.