Pollack v Yapp [2019] NSWCA 103

Pollack v Yapp [2019] NSWCA 103

Given the parties’ agreement on a narrow issue and case management considerations, it is appropriate to stay the orders of the primary judge pending appeal and to adopt an expedited timetable for hearing.

Jurisdiction
Australia
Judgment Date
06 May 2019
Procedural Posture
Appeal / Pre Hearing Directions
Outcome
Orders made by the primary judge stayed; timetable set for appeal.
Legal Topics
['case Management' 'stay of Orders']
['civil Procedure'] ['case Management' 'stay of Orders']

Case Brief

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Procedural Posture

Appeal / Pre Hearing Directions

Legal Issues

  1. 1 ['Whether to grant a stay of the orders made by the primary judge pending appeal' 'Timetable for exchange of documents and listing of hearing']

Ratio Decidendi

Given the parties’ agreement on a narrow issue and case management considerations, it is appropriate to stay the orders of the primary judge pending appeal and to adopt an expedited timetable for hearing.

Court Disposition

Orders made by the primary judge stayed; timetable set for appeal.

Orders

  • ['The appellant to file and serve the Appeal Book by 17 May 2019.' 'The appellant to file and serve submissions by 21 May 2019.' 'The respondents to file and serve submissions by 24 May 2019.' 'The appellant to file and serve submissions in reply by 28 May 2019.' 'The appellant to file and serve the Orange Book by...