HOLCOMBE v COULTON [1988] NSWCA 64

HOLCOMBE v COULTON [1988] NSWCA 64

It is preferable to adjourn the hearing of the appeal and cross-appeal, as it may conserve judicial resources if an application to discharge restraint orders is made and succeeds, rendering the appeal and cross-appeal pointless.

Source-derived case information.

Parties
Appellant: Holcombe; Respondent: Coulton; Respondent: Miss Needham
Jurisdiction
Australia
Judgment Date
06 December 1988
Procedural Posture
Appeal / Application for Adjournment and Motion to Amend Notice of Appeal
Outcome
Application to amend notice of appeal dismissed with costs (effective upon publication of reasons); hearing of appeal adjourned; appellants ordered to pay respondents' costs of appeal thrown away by adjournment; costs of appeal and cross appeal reserved.
Legal Topics
Adjournment, Amendment of Grounds of Appeal, Application to Discharge Restraining Orders
Civil Procedure Adjournment Amendment of Grounds of Appeal Application to Discharge Restraining Orders

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Parties

Holcombe

Appellant

Coulton

Respondent

Miss Needham

Respondent

Procedural Posture

Appeal / Application for Adjournment and Motion to Amend Notice of Appeal

Legal Issues

  1. 1 Whether to grant adjournment of the appeal to allow appellants to seek discharge of restraining orders
  2. 2 Whether to permit amendment of notice of appeal

Ratio Decidendi

It is preferable to adjourn the hearing of the appeal and cross-appeal, as it may conserve judicial resources if an application to discharge restraint orders is made and succeeds, rendering the appeal and cross-appeal pointless.

Court Disposition

Application to amend notice of appeal dismissed with costs (effective upon publication of reasons); hearing of appeal adjourned; appellants ordered to pay respondents' costs of appeal thrown away by adjournment; costs of appeal and cross appeal reserved.

Orders

  • Motion seeking amendment of grounds of appeal dismissed with costs (costs to take effect upon publishing reasons)
  • Hearing of appeal and cross appeal adjourned