HOGAN v BASEDEN [1997] NSWCA 150

HOGAN v BASEDEN [1997] NSWCA 150

The appeal is not hopeless and there is an arguable dispute; extension of time to appeal is granted to permit adjudication.

Parties
Appellant: Hogan; Respondent: Baseden
Jurisdiction
Australia
Judgment Date
11 August 1997
Procedural Posture
Appeal / Application for Extension of Time; Procedural Directions
Outcome
Extension of time to appeal granted; appeal to be expedited; costs in the appeal
Legal Topics
Co Ownership, Partition of Property, Extension of Time to Appeal
Property Law Equity Co Ownership Partition of Property Extension of Time to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Hogan

Appellant

Baseden

Respondent

Procedural Posture

Appeal / Application for Extension of Time; Procedural Directions

Legal Issues

  1. 1 Whether an extension of time to appeal should be granted
  2. 2 Whether Acting Justice Cowdroy erred in ordering that the property not be sold without the written consent of the defendant
  3. 3 Whether a co-owner is entitled to an order for sale as of right except in very special circumstances

Ratio Decidendi

The appeal is not hopeless and there is an arguable dispute; extension of time to appeal is granted to permit adjudication.

Court Disposition

Extension of time to appeal granted; appeal to be expedited; costs in the appeal

Orders

  • Notice of appeal filed on 1 July 1997 is regarded as validly filed
  • Appellants to obtain appointment to settle appeal index