Dart v Norwich Union Life Australia Ltd [2001] FCA 1481

Given that the prior orders were interlocutory and given lack of prejudice and respondents' non-opposition, leave to appeal was granted and late service accepted as sufficient.

Jurisdiction: Australia
Judgment Date: 22 October 2001
Procedural Posture: Appeal / Leave to Appeal Granted; Extension of Time for Service Considered
Outcome: Leave to appeal granted; service out of time accepted; no order as to costs
Legal Topics: ['leave to Appeal' 'interlocutory Orders' 'service of Notice of Appeal' 'extension of Time']

['civil Procedure'] ['leave to Appeal' 'interlocutory Orders' 'service of Notice of Appeal' 'extension of Time']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal Granted; Extension of Time for Service Considered

Legal Issues

1 ['Whether leave to appeal should be granted from interlocutory orders' 'Whether service of the notice of appeal out of time should be accepted as sufficient' 'Whether costs should be ordered for the applications']

Ratio Decidendi

Given that the prior orders were interlocutory and given lack of prejudice and respondents' non-opposition, leave to appeal was granted and late service accepted as sufficient.

Court Disposition

Leave to appeal granted; service out of time accepted; no order as to costs

Orders

['Applicants have leave to appeal from the judgment and orders given on 4 September 2001, appeal to be based on grounds in Notice of Appeal filed 25 September 2001.' 'Service on first respondent on 26 September 2001 and other respondents by post on same day is sufficient service of the notice of appeal.' 'No order...