MILDWING PTY LTD v CORPCODE No (7) PTY LTD [1992] NSWCA 155
The appeal was dismissed as neither appellant was properly before the Court (unrepresented by legal practitioner), there was no proper basis for adjournment, the requirements for corporate legal representation are strict, and there were no arguable merits in the appeal.
- Parties
- Appellant: Mildwing Pty Ltd; Appellant: Swanelm Pty Ltd; Respondent: Corpcode No (7) Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 03 December 1992
- Procedural Posture
- Appeal / Application for Adjournment and Hearing of Appeal
- Outcome
- Application for adjournment dismissed. Appeal dismissed with costs.
- Legal Topics
- Adjournment, Legal Representation of Corporations, Stay of Orders, Possession of Premises
Case Brief
Summary, issues, holding and outcome
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Parties
Mildwing Pty Ltd
Appellant
Swanelm Pty Ltd
Appellant
Corpcode No (7) Pty Ltd
Respondent
Procedural Posture
Appeal / Application for Adjournment and Hearing of Appeal
Legal Issues
- 1 Whether a further adjournment of the appeal should be granted to allow corporate appellants to obtain legal representation
- 2 Whether the appeal should be dismissed in the absence of legal representation for corporate appellants and lack of merits
Ratio Decidendi
The appeal was dismissed as neither appellant was properly before the Court (unrepresented by legal practitioner), there was no proper basis for adjournment, the requirements for corporate legal representation are strict, and there were no arguable merits in the appeal.
Court Disposition
Application for adjournment dismissed. Appeal dismissed with costs.
Orders
- The appeal is dismissed with costs.
Full Case Text
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