MUNMALARY NOMINEES PTY LTD v PITT SON AND BRYANT PTY LTD [1991] NSWCA 211
The court granted an extension of time for filing the Notice of Appeal on condition that the applicant provide security for costs within fourteen days; failing this, the order is vacated.
Source-derived case information.
- Parties
- Applicant: Munmalary Nominees Pty Ltd; Respondent: Pitt Son and Bryant Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 21 October 1991
- Procedural Posture
- Appeal / Application for Extension of Time
- Outcome
- Extension of time granted, conditional on provision of security for costs; costs of the application awarded against the applicant.
- Legal Topics
- Extension of Time, Security for Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Munmalary Nominees Pty Ltd
Applicant
Pitt Son and Bryant Pty Ltd
Respondent
Procedural Posture
Appeal / Application for Extension of Time
Legal Issues
- 1 Whether an extension of time for filing the Notice of Appeal should be granted
- 2 Whether security for costs should be ordered
Ratio Decidendi
The court granted an extension of time for filing the Notice of Appeal on condition that the applicant provide security for costs within fourteen days; failing this, the order is vacated.
Court Disposition
Extension of time granted, conditional on provision of security for costs; costs of the application awarded against the applicant.
Orders
- Time for filing of Notice of Appeal extended to and including 4 November 1991
- Order conditional on applicant providing security for costs within fourteen days, amount and form to be settled by the Registrar
Full Case Text
Judgment text and source record
6 paragraphs
MUNMALARY NOMINEES PTY LTD v PITT SON AND BRYANT PTY LTD
SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL
MAHONEY JA 21 October 1991
[1991] NSWCA 211
Mahoney JA In my opinion this is a proper case for the granting of an extension of time and the orders I make are the orders to which IJ have referred, namely: I order that the time for filing of a Notice of Appeal be extended to and including 4 November 1991. The order is made on condition that within fourteen days the applicant provide security for costs of the appeal in an amount and in a form to be settled by the Registrar. If that security be not given in due time, then the order is vacated.
The applicant will pay the costs of the present application.