WINBOURNE AND ORS v THE NATIONAL COMMERCIAL BANK OF JEDDAH AND ANOR (No2) [1992] NSWCA 276

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WINBOURNE AND ORS v THE NATIONAL COMMERCIAL BANK OF JEDDAH AND ANOR (No2)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBy P, HANDLEY JA and Hope AJA

1 April 1992

10 [1992] NSWCA 276 Kirby P, Handley JA and Hope AJA [Orders below]

1. By consent order that the claimants have an extension of time for the filing of their summons for leave to appeal and that they have leave to file the amended summons for leave to appeal in the form of the documents before the Court of Appeal;

. Order that the claimants have leave to appeal from the orders of Mr

Justice Young dated 29 November 1991, 11 December 1991 and 12 March 1992:

. By consent, order that the appeal be allowed and that the orders of Mr

Justice Young in respect of the application by the appellants to file amended grounds 4 of defence in the terms of paral15, paral15A, paral16 and paral17 and in respect of costs be set aside; as last amended before Mr Justice Young;

5. Grant leave to the respondents to file their Reply to the amended grounds of

defence within 14 days or such further time as Mr Justice Young on application provides;

6. Order that the costs of the proceedings in this Court be costs in the

30 proceedings between the parties in the Equity Division;

7. Order that the costs of the proceedings in the Equity Division in relation to the aforesaid amendments be determined by Mr Justice Young in his entire discretion in the light of the events which have occurred; and

8. Return the proceedings to the Equity Division for trial.