Cannon and Ors v Regan and Anor [2006] NSWIRComm 309

Cannon and Ors v Regan and Anor [2006] NSWIRComm 309

Given the consent reached between the parties, who are represented by experienced counsel, and in order to facilitate an earlier trial, leave to appeal is granted and the appeal upheld on agreed terms with orders as per the amended Exhibit A.

Jurisdiction
Australia
Judgment Date
22 September 2006
Procedural Posture
Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal upheld by consent; orders made as per amended Exhibit A; costs of the notice of motion and the appeal to be dealt with by the trial judge.
Legal Topics
['unfair Contract' 'joinder of Parties' 'leave to Appeal' 'costs']
['employment Law'] ['unfair Contract' 'joinder of Parties' 'leave to Appeal' 'costs']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted in circumstances where consent has been reached' 'Whether to uphold the appeal by consent and substitute a revised order regarding joinder of parties and costs']

Ratio Decidendi

Given the consent reached between the parties, who are represented by experienced counsel, and in order to facilitate an earlier trial, leave to appeal is granted and the appeal upheld on agreed terms with orders as per the amended Exhibit A.

Court Disposition

Leave to appeal granted; appeal upheld by consent; orders made as per amended Exhibit A; costs of the notice of motion and the appeal to be dealt with by the trial judge.

Orders

  • ['Leave to appeal is granted.' 'The appeal is upheld by consent.' 'Order 1 made by Staff J is substituted with a revised order as per the agreement.' 'Costs of the notice of motion and the appeal to be dealt with by the trial judge.']