Atlantic 3 Funds Management Limited as Assignee of Atlantic 3-Financial (Aust) Pty Ltd v Deskhurst Pty Ltd

[2004] QCA 302

COURT OF APPEAL

McPHERSON JA
JERRARD JA
DUTNEY J

Appeal No 4654 of 2004

ATLANTIC 3 FUNDS MANAGEMENT LIMITED (ACN 092 110 097) AS ASSIGNEE OF ATLANTIC 3-FINANCIAL (AUST) PTY LTD
(ACN 056 262 723)

Appellant/Plaintiff

and

DESKHURST PTY LTD
(ACN 101 303 705)

and

ROBERT GEORGE HALLAS

First Respondent/
First Defendant

Second Respondent/
Second Defendant

BRISBANE

..DATE 20/08/2004

JUDGMENT

MR P G LYNCH for the appellant

McPHERSON JA:  There are several different but compelling reasons why this appeal should be dismissed.  Prominent among them is that the appellant who lodged the appeal was not a party to the proceedings below in which the judgment was given.

Mr Lynch, who appears in this Court for the appellant, consents to the appeal being dismissed with costs.  The Court accordingly makes an order to that effect.

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