NSW Caselaw
New South Wales Court of Appeal
CITATION : Doran Constructions Pty Limited (In Liquidation) v Beresfield Aluminium Pty Limited [No 2] [2003] NSWCA 68 HEARING DATE(S) : On Written Submissions JUDGMENT DATE : 23 May 2003
JUDGMENT OF : Mason P at 1; Santow JA at 2; Ipp JA at 3 DECISION : (1) The notice of motion of 10 July 2002 is dismissed with costs (2) Paragraph (d) of the orders made by this Court on 8 May 2002 be amended to read "The appellant is ordered to pay two-thirds of the respondent's costs of the appeal from Brownie AJ".
CATCHWORDS : THE SLIP RULE - Whether appellant entitled under the slip rule to an order setting aside the dismissal of an amended summons when it would be futile to allow the amended summons to stand. ND LEGISLATION CITED : Commercial Arbitration Act 1984, ss 38(4), 42 PARTIES : Doran Constructions Pty Limited (In Liquidation) (Appellant) Beresfield Aluminium Pty Limited (Respondent) FILE NUMBER(S) : CA 40666/00; 40121/01 COUNSEL : A S Martin SC (Appellant) M Pembroke SC/S Goldstein, T Catanzariti (Respondent) SOLICITORS : Doyles Construction Lawyers (Appellant) Hills Solicitors (Respondent)
LOWER COURT Supreme Court - Equity Division JURISDICTION : LOWER COURT 55003/99 FILE NUMBER(S) : LOWER COURT Einstein J/Brownie AJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40666/00 CA 40121/01 ED 55003/99
MASON P SANTOW JA IPP JA
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