MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS [1989] NSWCA 150

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

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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

  1. 1 Whether time for filing a notice of objection to taxation should be extended
  2. 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.