NSW Caselaw
MARGARITIS v AGC (ADVANCES) PTY LTD
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY, HANDLEY and SHELLER JJA 12 December 1991, 19 December 1991
[1991] NSWCA 191
APPLICATION FOR LEAVE TO APPEAL — CONSENT CONSENT ORDERS — DEED OF SETTLEMENT DISCOVERY — FURTHER DOCUMENTS ALLEGED NON-DISCLOSURE — PROCEDURE TO SET ASIDE CONSENT ORDERS — FRESH PROCEEDINGS — COSTS APPLICATION FOR LEAVE TO APPEAL — Consent Orders — Deed of Settlement — Discovery — Further Documents — Alleged Non-Disclosure — Procedure to set aside consent orders — Fresh Proceedings — Inconvenience of appeal procedure — Leave refused
COSTS — Preliminary point should be raised at early stage — No order as to costs
ORDER Application refused. No order as to costs. Bailey v Malinoff (1971) 125 CLR 529 Spies v Commonwealth Bank of Australia (unreported) Court of Appeal 3 October 1991 Harvey v Phillips (1956) 95 CLR 235 Ainsworth v Wilding (1896) 1 Ch 673 Kinch v Walcott (1929) AC 482 Huddersfield Banking Co Ltd v Henry Lister and Son Ltd (1895) 2 Ch 273
Priestley JA I agree with Sheller JA's reasons and forth the orders he proposes.
Handley JA I agree with Sheller JA.
Sheller JA BACKGROUND
The claimants, Mr and Mrs Margaritis and two companies Attika Investments Pty Ltd and Attika Property Management Pty Ltd, seek leave to appeal from orders made by consent by Rogers CJ Comm D on 15 August 1988.
ORIGINAL PROCEEDINGS
On 13 January 1987 the claimants commenced proceedings number 10204/87 in the Commercial Division against the opponents AGC (Advances) Ltd and Westpac Banking Corporation. In those proceedings Mr and Mrs Margaritis sought declarations that deeds of loan and guarantee entered into respectively on 2 September 1983 and 10 July 1985 with AGC (Advances) Ltd were void. They sought, by way of interlocutory relief, that AGC (Advances) Ltd be restrained from enforcing certain mortgages and an order that Westpac Banking Corporation take all steps necessary to discharge each of the mortgages. The claimants claimed unspecified damages against the opponents. On 19 June 1987 the proceedings were removed from the Commercial Division to the Common Law Division.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate