MENYHART v GALOTTA TRADING AS GALLUZZO AND GALOTTA AND ANOR [1992] NSWCA 153

MENYHART vy GALOTTA TRADING AS GALLUZZO AND GALOTTA AND ANOR

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY JA 21 September 1992

[1992] NSWCA 153

Handley JA Mr Menyhart appearing in person has applied by notice of motion for leave to amend the grounds of appeal. The appeal book has already been printed and the appeal is listed for callover before the Registrar with a view to fixing a new hearing date on 7 October.

Mr Battley who appeared for the respondents offered no opposition to my making an order today granting Mr Menyhart leave to file an amended notice of appeal to incorporate the amendments that he has sought.

The task of producing a composite amended notice of appeal in the light of the terms of the notice of motion before me is essentially a mechanical one of typing out the new document. Mr Menyhart indicated that he would be in a position to file and serve the amended notice of appeal within 7 days. There were some discussions with Mr Battley about the form of the amendments to the ground of appeal and if Mr Menyhart had been professionally represented the Court would probably have insisted upon the grounds of appeal being further amended in order to comply with the rules of Court and to indicate what were truly grounds of challenge to the judgment of Johnston DCJ. However, Mr Menyhart is appearing in person and in the circumstances I am satisfied there is no good purpose to be served by attempting at this stage to fine tune the amendments for the benefit of the Full Court that will be hearing the appeal.

Accordingly, I grant leave to the appellant to file and serve an amended notice of appeal incorporating the amendments foreshadowed in the notice of motion of 28 July 1992, such amended notice of appeal to be filed and served on or before 29 September. The costs of this motion are to be costs in the appeal.