CACHIA v WALKER [1996] NSWCA 86

CACHIA v WALKER [1996] NSWCA 86

The Court found no sufficient reason to take the appeals out of the ordinary course and saw no error in the Registrar's refusal to grant expedition.

Parties
Applicant: Mr Cachia; Respondent: Mr Walker
Jurisdiction
Australia
Judgment Date
23 September 1996
Procedural Posture
Application for Expedition / Court of Appeal Decision on Application to Discharge or Vary Registrar's Order
Outcome
Application dismissed with costs.
Legal Topics
Expedition of Appeals, Court Listing Arrangements, Application to Discharge or Vary Order
Civil Procedure Expedition of Appeals Court Listing Arrangements Application to Discharge or Vary Order

Case Brief

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Parties

Mr Cachia

Applicant

Mr Walker

Respondent

Procedural Posture

Application for Expedition / Court of Appeal Decision on Application to Discharge or Vary Registrar's Order

Legal Issues

  1. 1 Whether the order refusing expedition should be discharged or varied
  2. 2 Whether the circumstances warrant an expedited hearing

Ratio Decidendi

The Court found no sufficient reason to take the appeals out of the ordinary course and saw no error in the Registrar's refusal to grant expedition.

Court Disposition

Application dismissed with costs.

Orders

  • The application to discharge or vary the Registrar's order is dismissed.
  • Party and party costs awarded to the respondent.