MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS [1989] NSWCA 150
Given the circumstances surrounding the late filing of the notice of objection, including communications between solicitors and uncertainty about the timing, an extension for filing will be granted, with costs against the applicant.
- Parties
- Applicant: Multiplex Constructions Pty Ltd; Respondent: Angelidis; Perry
- Jurisdiction
- Australia
- Judgment Date
- 23 October 1989
- Procedural Posture
- Application / Application to Set Aside Certificate of Taxation and Extend Time for Notice of Objection
- Outcome
- Extension of time granted for filing notice of objection; costs ordered against applicant.
- Legal Topics
- Taxation of Costs, Extension of Time, Notice of Objection
Case Brief
Summary, issues, holding and outcome
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Parties
Multiplex Constructions Pty Ltd
Applicant
Angelidis
Respondent
Perry
Procedural Posture
Application / Application to Set Aside Certificate of Taxation and Extend Time for Notice of Objection
Legal Issues
- 1 Whether time for filing a notice of objection to taxation should be extended
- 2 Whether certificate of taxation should be set aside or restrained pending objection
Ratio Decidendi
Given the circumstances surrounding the late filing of the notice of objection, including communications between solicitors and uncertainty about the timing, an extension for filing will be granted, with costs against the applicant.
Court Disposition
Extension of time granted for filing notice of objection; costs ordered against applicant.
Orders
- Time for filing the notice of objection is extended for one week.
- No steps to be taken on the basis of the certificate of taxation pending objection.
Full Case Text
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