Menzies v Paccar Financial Pty Ltd (No 5) [2014] NSWCA 258

Menzies v Paccar Financial Pty Ltd (No 5) [2014] NSWCA 258

Because New South Wales and Victoria advised that they did not wish to intervene or be joined unless the Court proposed orders vesting possession of the vehicles in the Crown, and no such orders were proposed or required for disposition of the appeal, natural justice had been accorded and the appeal could be determined without their joinder or further hearing. Further expense and delay would have no utility, so the stand-over order was vacated and the appeal dismissed with costs.

Jurisdiction
Australia
Judgment Date
05 August 2014
Procedural Posture
Appeal / Final Orders on the Papers After Postponement Pending Responses From Non Parties About Joinder or Being Heard
Outcome
Appeal dismissed with costs.
Legal Topics
['joinder of Non Parties' 'natural Justice' "liquidator's Disclaimer" 'final Orders' 'costs']
['civil Procedure' 'appellate Procedure'] ['joinder of Non Parties' 'natural Justice' "liquidator's Disclaimer" 'final Orders' 'costs']

Case Brief

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Procedural Posture

Appeal / Final Orders on the Papers After Postponement Pending Responses From Non Parties About Joinder or Being Heard

Legal Issues

  1. 1 ["Whether the appeal could be determined without joining or hearing the States of New South Wales and Victoria after notice of the liquidator's disclaimer and the proceedings." 'Whether the prior order standing the matter over should be vacated and the appeal dismissed with costs.']

Ratio Decidendi

Because New South Wales and Victoria advised that they did not wish to intervene or be joined unless the Court proposed orders vesting possession of the vehicles in the Crown, and no such orders were proposed or required for disposition of the appeal, natural justice had been accorded and the appeal could be determined without their joinder or further hearing. Further expense and delay would have no utility, so the stand-over order was vacated and the appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Vacate order 1 made on 1 July 2014.' 'Appeal dismissed with costs.']