A1 Chemicals Pty Ltd v Loremo Pty Ltd
Case
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[2015] NSWCA 309
•02 September 2015
Details
AGLC
Case
Decision Date
A1 Chemicals Pty Ltd v Loremo Pty Ltd [2015] NSWCA 309
[2015] NSWCA 309
02 September 2015
CaseChat Overview and Summary
A1 Chemicals Pty Ltd (the appellant) sought leave to file certain documents in the Court, including a Notice of Motion dated 2 September 2015 and affidavits sworn by Hamish McLeod and Atanaan Ilango. Loremo Pty Ltd was the respondent. The matter came before Ward JA.
The primary legal issue before the Court was whether to grant the appellant leave to file its Notice of Motion and supporting affidavits out of time. The Court was also required to determine the ultimate fate of the appellant's Notice of Motion.
Ward JA granted leave for the filing of the appellant's Notice of Motion and the affidavits of Hamish McLeod and Atanaan Ilango, conditional upon the appellant's solicitor undertaking to pay the requisite filing fees. However, the Court ultimately dismissed the appellant's Notice of Motion and ordered that the appellant pay the respondent's costs.
The primary legal issue before the Court was whether to grant the appellant leave to file its Notice of Motion and supporting affidavits out of time. The Court was also required to determine the ultimate fate of the appellant's Notice of Motion.
Ward JA granted leave for the filing of the appellant's Notice of Motion and the affidavits of Hamish McLeod and Atanaan Ilango, conditional upon the appellant's solicitor undertaking to pay the requisite filing fees. However, the Court ultimately dismissed the appellant's Notice of Motion and ordered that the appellant pay the respondent's costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
Actions
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Most Recent Citation
Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 22) [2019] NSWSC 1657