NSW Caselaw
New South Wales Court of Appeal
CITATION : BRIGGS v SEWELL [2002] NSWCA 182 FILE NUMBER(S) : CA 40936/01 HEARING DATE(S) : 14/06/02 JUDGMENT DATE : 2 July 2002
PARTIES : Darrel Albert BRIGGS v Loueen Kylie SEWELL JUDGMENT OF : Sheller JA at 1; Hodgson JA at 2; Foster AJA at 3-55
LOWER COURT JURISDICTION : District Court LOWER COURT DC 102/00 FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :
COUNSEL : D. Campbell - Claimant S. Bliim - Opponent SOLICITORS : Hancock Alldis - Claimant Marsdens - Opponent CATCHWORDS : Application for leave to appeal from a decision where granted leave to commence proceedings although out of time. LEGISLATION CITED : Limitation Act (NSW) 1969 CASES CITED: Wickstead v Browne (1992) 30 NSWLR 1 Drayton Coal Pty Ltd v Drain (CA 40418/95) DECISION : 1. Grant leave to appeal.; 2. Appeal upheld with costs.; 3. Orders below set aside.; 4. Application be remitted to the District Court to be heard and determined in accordance with these reasons and that the costs of the first applicationa be determined by the judge hearing the remitted application.; 5. Respondent to have certificate under Suitors Fund Act if otherwise entitled.
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40936/01 DC 102/00
SHELLER JA HODGSON JA FOSTER AJA
TUESDAY, 2 JULY, 2002 Darrel Albert BRIGGS v Loueen Kylie SEWELL Judgment
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