Mio Amico Pty Ltd v Australia and New Zealand Banking Group Ltd [2013] NSWCA 441
Applicants abandoned the application and showed no error or doubt as to the correctness of the prior judgment refusing a stay; the notice of motion was dismissed and costs ordered against the applicants.
- Parties
- Applicant: Mio Amico Pty Ltd; Applicant: Ollie Italiano Olivieri; Respondent: Australia and New Zealand Banking Group Ltd
- Jurisdiction
- Australia
- Judgment Date
- 13 December 2013
- Procedural Posture
- Appeal / Notice of Motion Seeking to Discharge or Vary Earlier Judgment Refusing Stay; Motion Dismissed
- Outcome
- Notice of motion dismissed; costs ordered against applicants.
- Legal Topics
- Application to Review Judgment of Single Judge Refusing Stay, Proposal to Amend Grounds of Appeal, Application to Rely on Further Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
Mio Amico Pty Ltd
Applicant
Ollie Italiano Olivieri
Applicant
Australia and New Zealand Banking Group Ltd
Respondent
Procedural Posture
Appeal / Notice of Motion Seeking to Discharge or Vary Earlier Judgment Refusing Stay; Motion Dismissed
Legal Issues
- 1 Whether to discharge or vary judgment refusing a stay under s 46(4) Supreme Court Act 1970 (NSW)
Ratio Decidendi
Applicants abandoned the application and showed no error or doubt as to the correctness of the prior judgment refusing a stay; the notice of motion was dismissed and costs ordered against the applicants.
Court Disposition
Notice of motion dismissed; costs ordered against applicants.
Orders
- Dismiss the notice of motion filed by the applicants on 8 November 2013.
- Order that the applicants on the motion pay the Bank's costs of the motion.
Full Case Text
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