NSW Caselaw
New South Wales Court of Appeal
CITATION: Bott v Suttons Motors Australia Pty Ltd Trading as Suttons City Holden [2006] NSWCA 307
HEARING DATE(S): 08/09/06 with subsequent written submissions
JUDGMENT DATE: 7 December 2006
JUDGMENT OF: Ipp JA at 1; Tobias JA at 57; Young CJ in Eq at 58
DECISION: (1) Mr Bott's applications for leave to lead new evidence and to file further submissions dismissed with costs. (2) Leave refused to Mr Bott to file the fourth amended notice of appeal. (3) Suttons' application to strike out the third amended notice of appeal is upheld. Mr Bott to pay Suttons' costs.
CATCHWORDS: PRACTICE AND PROCEDURE - motion to strike out appeal - failure adequately to identify grounds of appeal - contravention of Pt 51 r 11 of the Supreme Court Rules 1970. ND
Davy v Garrett (1878) 7 LR Ch 473 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED: Doherty v Liverpool District Hospital (1991) 22 NSWLR 284 Fox v Percy (2003) 214 CLR 118 Radnedge v GIO (NSW) (1987) 9 NSWLR 235
PARTIES: David Charles Bott (Appellant) Suttons Motors Australia Pty Ltd Trading as Suttons City Holden (Respondent)
FILE NUMBER(S): CA 40886/04
COUNSEL: In Person (Appellant) P W Neil SC/D J Hooke (Respondent)
SOLICITORS: Edwards Michael Moroney Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 12610/01
LOWER COURT JUDICIAL OFFICER: Rein DCJ
LOWER COURT DATE OF DECISION: 22/09/04
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40886/04 DC 12610/01
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate