COMINO v MANETTAS; COONEY v MANETTAS [1993] NSWCA 70

COMINO v MANETTAS; COONEY v MANETTAS SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA 16 August 1993

[1993] NSWCA 70

Mahoney JA. This matter is a matter which initially was dealt with by the court as on an appeal. As I understand the position an application has been made, formally or informally, for a variation of the orders then made. It has been suggested in argument — I put the matter generally — that the variation sought is that the relief granted be changed from a declaration of entitlement to an indemnity to entitlement to a particular sum, and an order for the payment of that sum.

Whatever be the nature of the change those represented by Mr Jackson QC desire to argue it before the court. It will be necessary to argue that matter before a court fully constituted as on the appeal.

For reasons which no doubt the parties will be aware of, it is necessary that the matter be dealt with in the course of the next few weeks. I will propose that the application be referred to the court so constituted. The proper directionwould appear to be that the matter be referred to the Registrar to fix a date for hearing by the court so constituted.

Reference has been made by Mr Jackson to par 4 of the orders made by Clarke JA on 28 June 1993.

I see no reason why those orders should not be complied with. I shall direct, for the sake of precaution, that each party file the written submissions referred to, and as far as they have not already done so, by a date not less than seven days from the date fixed for hearing of the application by the court as I have indicated.

The costs of today will be reserved.

Orders accordingly.