NSW Caselaw
Appeal Outcome: Special leave application deemed abandoned - 22 October 2007
New South Wales Court of Appeal
CITATION: Tyndall v ACN 062 895 774 Pty Ltd [2007] NSWCA 102
HEARING DATE(S): 23 April 2007 JUDGMENT OF: McColl JA
EX TEMPORE JUDGMENT DATE: 23 April 2007
DECISION: Notice of Motion dismissed with costs.
CATCHWORDS: PROCEDURE – application for stay of judgment pending application for special leave to appeal to the High Court – applicable principles – relevance of prospects of success of application for special leave
LEGISLATION CITED: De Facto Relationships Act 1984 Property (Relationships) Act 1984
ACN 062 895 774 Pty Ltd v Tyndall [2007] NSWCA 64 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69 (1964) 112 CLR 125 CASES CITED: Hewitt v Court [1983] HCA 7 (1983) 149 CLR 639 Minister for Local Government & Anor v South Sydney City Council (No 3) [2002] NSWCA 326 New South Wales Bar Association v Stevens (No 2) [2003] NSWCA 107
PARTIES: Dianne Tyndall - Claimant/Respondent ACN 062 895 774 Pty Ltd - Opponent/Appellant
FILE NUMBER(S): CA 40095 of 2006
COUNSEL: M Sahade - Claimant/Respondent D J Durston - Opponent/Appellant
SOLICITORS: Comino Prassas - Claimant/Respondent Searle & Associates Lawyers - Opponent/Appellant
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 1110/2004
LOWER COURT JUDICIAL OFFICER: Sully J
LOWER COURT DATE OF DECISION: 7 December 2005
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