Magarditch v ANZ Banking Group Ltd [1999] FCA 352

Magarditch v ANZ Banking Group Ltd [1999] FCA 352

It is not appropriate to hear or grant the amendments sought while the order of Einfeld J refusing Mr Sourian liberty to represent Magic Australia Pty Limited stands, and the application is adjourned until after the determination of the appeal.

Jurisdiction
Australia
Judgment Date
24 March 1999
Procedural Posture
Civil / Interlocutory (application to Amend and Join a Party, Adjourned Pending Appeal)
Outcome
Adjournment of applicants' notice of motion; costs reserved.
Legal Topics
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Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Interlocutory (application to Amend and Join a Party, Adjourned Pending Appeal)

Legal Issues

  1. 1 ['Whether to grant leave to amend the statement of claim' 'Whether to join the State of New South Wales as a third respondent' 'Whether to expedite the hearing of the motion given pending appeal']

Ratio Decidendi

It is not appropriate to hear or grant the amendments sought while the order of Einfeld J refusing Mr Sourian liberty to represent Magic Australia Pty Limited stands, and the application is adjourned until after the determination of the appeal.

Court Disposition

Adjournment of applicants' notice of motion; costs reserved.

Orders

  • ['Hearing of the notice of motion filed by the applicants on 16 March 1999 be adjourned to a date to be fixed as soon as practicable after the disposition of the appeal to the Full Court from the decision of Einfeld J pronounced on 29 January 1999.' 'Costs of today be reserved.']