National Australia Bank Ltd v Freeman

[2001] QCA 330

[2001] QCA 330

COURT OF APPEAL

DAVIES JA
THOMAS JA
BYRNE J

Appeal No 9718 of 2000

NATIONAL AUSTRALIA BANK LIMITED
(ACN 004 044 937)  Plaintiff/Respondent

and

LYNTON NOEL CHARLES FREEMAN             Defendant/Appellant

BRISBANE

..DATE 13/08/2001

ORDER

DAVIES JA:  Well, if I make an order rather than an undertaking that any application to amend be filed by the end of next week.

APPLICANT:  Yes, your Honour.

DAVIES JA:  Otherwise, you will be restricted to your existing grounds of appeal.

...

DAVIES JA:  For the reasons which have been discussed during the course of argument, on Mr Freeman's undertaking to settle an index to the appeal book with the solicitors for the respondent by the 17th of this month and to order and pay for or undertake to pay for the appeal book by that date, I would order that any application for leave to amend the notice of appeal be filed on or before 24 August.

I would make this application returnable on 31 August which will, as I have indicated to Mr Freeman, be the date for hearing of this appeal and that Mr Freeman should be ready to proceed with his appeal on 31 August.  Those are the orders which I would make.

...

DAVIES JA:  Costs reserved.

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