IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) [1996] NSWCA 267

IOSIF v S & M MOTORS PTY LTD (IN LIQUIDATION) [1996] NSWCA 267

The application was adjourned for two weeks as the claimant was not in a position to clarify the order sought or provide grounds for extension, and claimant was ordered to pay respondent's costs of today in any event.

Parties
Claimant: Iosif; Respondent: S & M Motors Pty Ltd (in liquidation)
Jurisdiction
Australia
Judgment Date
15 April 1996
Procedural Posture
Application / Interlocutory; Adjournment
Outcome
Adjourned for two weeks; claimant to pay respondent's costs
Legal Topics
Extension of Time, Appeals, Adjournment, Costs
Civil Procedure Extension of Time Appeals Adjournment Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Iosif

Claimant

S & M Motors Pty Ltd (in liquidation)

Respondent

Procedural Posture

Application / Interlocutory; Adjournment

Legal Issues

  1. 1 Whether an extension of time for filing a notice of appeal should be granted
  2. 2 Whether leave to appeal or leave to adduce fresh evidence is necessary

Ratio Decidendi

The application was adjourned for two weeks as the claimant was not in a position to clarify the order sought or provide grounds for extension, and claimant was ordered to pay respondent's costs of today in any event.

Court Disposition

Adjourned for two weeks; claimant to pay respondent's costs

Orders

  • Matter adjourned for two weeks
  • Claimant to pay respondent's costs of today in any event