WALL v WALL [1994] NSWCA 337

WALL v WALL [1994] NSWCA 337

The appeal is to be struck out as it has not been prosecuted in due time and the security ordered has not been paid.

Parties
Applicant: Wall; Appellant: Wall
Jurisdiction
Australia
Judgment Date
12 December 1994
Procedural Posture
Appeal / Application to Strike Out for Want of Prosecution
Outcome
Appeal struck out for want of prosecution.
Legal Topics
Appeal, Security for Costs, Want of Prosecution, Strike Out
Civil Procedure Appeal Security for Costs Want of Prosecution Strike Out

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wall

Applicant

Wall

Appellant

Procedural Posture

Appeal / Application to Strike Out for Want of Prosecution

Legal Issues

  1. 1 Whether the appeal should be struck out for want of prosecution
  2. 2 Whether proper service of Notice of Motion and affidavit was effected
  3. 3 Whether the appellant should have leave to apply to reinstate the appeal

Ratio Decidendi

The appeal is to be struck out as it has not been prosecuted in due time and the security ordered has not been paid.

Court Disposition

Appeal struck out for want of prosecution.

Orders

  • The appeal is struck out for want of prosecution.
  • The appellant is to pay the costs of the motion and the appeal.