SOUTHERN CROSS EXPLORATION NL v DE MONTFORT [1988] NSWCA 140

SOUTHERN CROSS EXPLORATION NL v DE MONTFORT [1988] NSWCA 140

The applications for reasons and for review of taxation were out of time according to the rules; the absence of service provision does not affect the time limits. Therefore, there is no serious question to be argued and the stay should be refused.

Parties
Claimant: Southern Cross Exploration NL; Opponent: De Montfort
Jurisdiction
Australia
Judgment Date
16 December 1988
Procedural Posture
Notice of Motion / Application for Stay of Execution
Outcome
stay refused; notice of motion dismissed with costs
Legal Topics
Taxation of Costs, Stay of Execution, Review of Taxation
Civil Procedure Taxation of Costs Stay of Execution Review of Taxation

Case Brief

Summary, issues, holding and outcome

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Parties

Southern Cross Exploration NL

Claimant

De Montfort

Opponent

Procedural Posture

Notice of Motion / Application for Stay of Execution

Legal Issues

  1. 1 whether the application for reasons by claimants was made within the time required by Pt52 r61.1
  2. 2 whether a motion for review of taxation was filed within the time required by Pt 52.62
  3. 3 whether the lack of provision for service affects the timing of applications

Ratio Decidendi

The applications for reasons and for review of taxation were out of time according to the rules; the absence of service provision does not affect the time limits. Therefore, there is no serious question to be argued and the stay should be refused.

Court Disposition

stay refused; notice of motion dismissed with costs

Orders

  • stay of execution refused
  • notice of motion dismissed with costs