NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mio Amico Pty Ltd v Australia and New Zealand Banking Group Ltd [2013] NSWCA 441 Hearing dates: 13 December 2013 Decision date: 13 December 2013 Before: Basten JA; Macfarlan JA; Emmett JA Decision: (1) Dismiss the notice of motion filed by the applicants on 8 November 2013. (2) Order that the applicants on the motion pay the Bank's costs of the motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - application to review judgment of single judge refusing stay - application abandoned - proposal to amend grounds of appeal and rely on further evidence to be dealt with in the ordinary way Legislation Cited: Supreme Court Act 1970 (NSW), s 46 Category: Principal judgment Parties: Mio Amico Pty Ltd (First Applicant) Ollie Italiano Olivieri (Second Applicant) Australia and New Zealand Banking Group Ltd (Respondent) Representation: Counsel:
R M Higgins (Applicant) K Warwick (Solicitor for the Respondent) Solicitors:
Oliveri Lawyers (Applicants) Norton Rose Fulbright (Respondent) File Number(s): CA 2013/206925
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