GIO GENERAL LIMITED v MALATHOUNIS SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL PRIESTLEY AP and SHELLER JA 23 September 1996 [1996] NSWCA 214 Priestley AP. In view of the nature of the application and the fact that both the claimant and the opponent are agreed that the claimant has a right of appeal and is within time to file notice of appeal, it would seem that the only point of the summons being filed and brought before the Court was the reassurance the claimant wanted that it did indeed have a right of appeal. In the circumstances the Court indicates its acceptance of the view of both parties that there is a right of appeal in the matter and thinks the appropriate order is that the summons be dismissed with costs. Orders accordingly.