VERSI v BUTTROSE [1993] NSWCA 279

VERSI v BUTTROSE [1993] NSWCA 279

Leave to amend the notice of appeal is granted as the affidavit contains enough material to warrant adding the additional ground regarding apprehension of bias, notwithstanding the lateness of the application.

Parties
Appellant: Versi; Respondent: Buttrose
Jurisdiction
Australia
Judgment Date
15 February 1993
Procedural Posture
Application for Leave to Amend Notice of Appeal / Interlocutory
Outcome
Leave to amend notice of appeal granted; procedural directions made; costs reserved.
Legal Topics
Amendment of Notice of Appeal, Apprehension of Bias, Procedure for Adducing Evidence on Appeal
Civil Procedure Amendment of Notice of Appeal Apprehension of Bias Procedure for Adducing Evidence on Appeal

Case Brief

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Parties

Versi

Appellant

Buttrose

Respondent

Procedural Posture

Application for Leave to Amend Notice of Appeal / Interlocutory

Legal Issues

  1. 1 Whether leave should be granted to amend the notice of appeal to add a ground concerning apprehension of bias by the referee

Ratio Decidendi

Leave to amend the notice of appeal is granted as the affidavit contains enough material to warrant adding the additional ground regarding apprehension of bias, notwithstanding the lateness of the application.

Court Disposition

Leave to amend notice of appeal granted; procedural directions made; costs reserved.

Orders

  • Affidavits for the appellant to be filed within two weeks from the present date.
  • Affidavits for the respondent to be filed within twenty-one days after expiration of the two week period.