WINBOURNE AND ORS v THE NATIONAL COMMERCIAL BANK OF JEDDAH AND ANOR (No2) [1992] NSWCA 276
NSW Caselaw
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/reports/caseml]/case/urj/9202883
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.
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