KARA KAR HOLDINGS PTY LTD v BROOKTON HOLDINGS PTY LTD [1996] NSWCA 292

KARA KAR HOLDINGS PTY LTD v BROOKTON HOLDINGS PTY LTD [1996] NSWCA 292

Leave to amend notice of motion granted, with directions for further evidence and adjournment as more evidence was needed and all issues should be heard together.

Parties
Claimant: Kara Kar Holdings Pty Ltd; Opponent: Brookton Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
16 December 1996
Procedural Posture
Notice of Motion / Leave to Amend Motion, Adjournment, Directions on Evidence
Outcome
Leave to amend granted. Directions issued. Matter adjourned. Claimants to pay costs of today.
Legal Topics
Leave to Appeal, Extension of Time, Interlocutory Judgment, Adjournment, Costs
Civil Procedure Leave to Appeal Extension of Time Interlocutory Judgment Adjournment Costs

Case Brief

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Parties

Kara Kar Holdings Pty Ltd

Claimant

Brookton Holdings Pty Ltd

Opponent

Procedural Posture

Notice of Motion / Leave to Amend Motion, Adjournment, Directions on Evidence

Legal Issues

  1. 1 Whether leave to amend notice of motion should be granted
  2. 2 Whether extension of time to appeal should be permitted
  3. 3 Whether judgment was interlocutory or final for purposes of appeal

Ratio Decidendi

Leave to amend notice of motion granted, with directions for further evidence and adjournment as more evidence was needed and all issues should be heard together.

Court Disposition

Leave to amend granted. Directions issued. Matter adjourned. Claimants to pay costs of today.

Orders

  • Leave to amend the notice of motion to add prayer for extension of time to appeal from judgment of 6 May 1994
  • Claimants to file and serve amended notice of motion by 4.00 pm 23 December 1996