LAKE MACQUARIE CITY COUNCIL -v- MORGAN & MORGAN -v- VITIS -v- ALLEN & ALLEN -v- JOY & JOY -v- SIMPSON & SIMPSON -v- MICHILIS & MICHILIS [1992] NSWCA 128

LAKE MACQUARIE CITY COUNCIL -v- MORGAN & MORGAN -v- VITIS -v- ALLEN & ALLEN -v- JOY & JOY -v- SIMPSON & SIMPSON -v- MICHILIS & MICHILIS [1992] NSWCA 128

Grounds of appeal relating to the judgment of 15 May are incompetent as they were filed out of time with no satisfactory explanation, and it would be futile to allow them to stand or to grant leave to amend.

Parties
Claimant/defendant: Lake Macquarie City Council; Plaintiff: Morgan & Morgan; Plaintiff: Vitis; Respondent/defendant: Allen & Allen; Plaintiff: Joy & Joy; Respondent/defendant: Simpson & Simpson; Respondent/defendant: Michilis & Michilis
Jurisdiction
Australia
Judgment Date
28 September 1992
Procedural Posture
Appeal / Preliminary Motion on Strike Out
Outcome
Certain grounds of the supplementary notice of appeal struck out as incompetent.
Legal Topics
Appeal Out of Time, Strike Out of Grounds, Consolidation of Matters
Civil Procedure Appeal Out of Time Strike Out of Grounds Consolidation of Matters

Case Brief

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Parties

Lake Macquarie City Council

Claimant/defendant

Morgan & Morgan

Plaintiff

Vitis

Plaintiff

Allen & Allen

Respondent/defendant

Joy & Joy

Plaintiff

Simpson & Simpson

Respondent/defendant

Michilis & Michilis

Respondent/defendant

Procedural Posture

Appeal / Preliminary Motion on Strike Out

Legal Issues

  1. 1 Whether certain grounds of a supplementary notice of appeal are incompetent as being out of time
  2. 2 Whether leave should be granted to add those grounds out of time

Ratio Decidendi

Grounds of appeal relating to the judgment of 15 May are incompetent as they were filed out of time with no satisfactory explanation, and it would be futile to allow them to stand or to grant leave to amend.

Court Disposition

Certain grounds of the supplementary notice of appeal struck out as incompetent.

Orders

  • The grounds 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13 and 28 of the supplementary notice of appeal are struck out.
  • Expedition ordered: category C — parties to consult with registry.