POLLICINO v POLLICINO [1999] NSWCA 91

POLLICINO v POLLICINO [1999] NSWCA 91

Because another appeal between the same parties arising out of the same proceedings raised matters relied upon in the present appeal, the present hearing should be vacated and the application for leave to appeal, and if granted the appeal, stood over to be heard when the other appeal is listed. As neither party brought the other appeal to the Court's attention, no order should be made for costs thrown away by the hearing.

Jurisdiction
Australia
Judgment Date
30 March 1999
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal Hearing; Hearing Vacated and Stood Over
Outcome
Hearing date vacated
Legal Topics
['application for Leave to Appeal' 'related Pending Appeal' 'vacating Hearing Date' 'costs Thrown Away']
['civil Procedure' 'appeals' 'costs'] ['application for Leave to Appeal' 'related Pending Appeal' 'vacating Hearing Date' 'costs Thrown Away']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Hearing; Hearing Vacated and Stood Over

Legal Issues

  1. 1 ['Whether the application for leave to appeal and appeal should proceed when another appeal between the same parties arising out of the same proceedings remained pending.' 'Whether any order should be made for costs thrown away by the abortive hearing.']

Ratio Decidendi

Because another appeal between the same parties arising out of the same proceedings raised matters relied upon in the present appeal, the present hearing should be vacated and the application for leave to appeal, and if granted the appeal, stood over to be heard when the other appeal is listed. As neither party brought the other appeal to the Court's attention, no order should be made for costs thrown away by the hearing.

Court Disposition

Hearing date vacated

Orders

  • ["Today's hearing is vacated." 'The hearing of the application for leave to appeal and, if granted, of the appeal be stood over to the date fixed in due course for the hearing of appeal number 40405/98.' 'The appeal will not be treated as part heard.' "No order should be made for costs thrown away by today's hearing."]