Vito Zepinic v Chateau Constructions (Aust) Limited; Nina Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 204

Vito Zepinic v Chateau Constructions (Aust) Limited; Nina Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 204

The respondent is released from the implied undertaking to the extent necessary to file and serve the relevant documentary material and related submissions in support of the appeal, as the appellants had received notice and did not appear to oppose the application.

Jurisdiction
Australia
Judgment Date
10 September 2018
Procedural Posture
Appeal / Interlocutory Application Prior to Hearing of Appeal
Outcome
Release granted from implied undertaking subject to specified directions; costs in the causes.
Legal Topics
['implied Undertaking as to Documents' 'release From Implied Undertaking']
['practice and Procedure'] ['implied Undertaking as to Documents' 'release From Implied Undertaking']

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Procedural Posture

Appeal / Interlocutory Application Prior to Hearing of Appeal

Legal Issues

  1. 1 ['Whether the respondent should be released from the implied undertaking regarding the use of documents obtained in other legal proceedings for the purposes of the appeal']

Ratio Decidendi

The respondent is released from the implied undertaking to the extent necessary to file and serve the relevant documentary material and related submissions in support of the appeal, as the appellants had received notice and did not appear to oppose the application.

Court Disposition

Release granted from implied undertaking subject to specified directions; costs in the causes.

Orders

  • ['On or before 21 September 2018 the respondent must file and serve a white folder containing the documentary material to be relied on in the appeal and in relation to which it seeks release from the implied undertaking.' 'The respondent is released from the implied undertaking to the extent necessary to comply with...