Taluja v Shree Shirdi Sai Sansthan Sydney Limited
Case
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[2024] NSWCA 266
•04 November 2024
Details
AGLC
Case
Decision Date
Taluja v Shree Shirdi Sai Sansthan Sydney Limited [2024] NSWCA 266
[2024] NSWCA 266
04 November 2024
CaseChat Overview and Summary
The matter of *Taluja v Shree Shirdi Sai Sansthan Sydney Limited* came before Griffiths AJA in the Court of Appeal. The dispute concerned an application to vacate an appeal hearing date.
The court was required to determine whether to vacate the scheduled hearing date for the summons seeking leave to appeal and the applicant's notice of motion. Additionally, the court had to consider the costs associated with these proceedings and the applicant's request to obtain a new hearing date for a specific prayer within a subsequent notice of motion.
Griffiths AJA ordered that the hearing date of 19 November 2024 be vacated. The applicant was directed to pay the respondent's costs incurred up to that point in relation to the notice of motion filed on 15 March 2024 and the summons seeking leave to appeal filed on 12 August 2024. Leave was granted to the applicant to approach the Registrar to schedule a hearing for prayer 1 of the notice of motion filed on 31 October 2024, with the costs of this particular motion being reserved.
The court was required to determine whether to vacate the scheduled hearing date for the summons seeking leave to appeal and the applicant's notice of motion. Additionally, the court had to consider the costs associated with these proceedings and the applicant's request to obtain a new hearing date for a specific prayer within a subsequent notice of motion.
Griffiths AJA ordered that the hearing date of 19 November 2024 be vacated. The applicant was directed to pay the respondent's costs incurred up to that point in relation to the notice of motion filed on 15 March 2024 and the summons seeking leave to appeal filed on 12 August 2024. Leave was granted to the applicant to approach the Registrar to schedule a hearing for prayer 1 of the notice of motion filed on 31 October 2024, with the costs of this particular motion being reserved.
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
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Jurisdiction
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Stay of Proceedings
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
1
Shree Shirdi Sai Sansthan Sydney Limited v Nirmal Taluja
[2014] NSWSC 1825
Shree Shirdi Sai Sansthan Sydney Limited v Nirmal Taluja (No 2)
[2015] NSWSC 1180
Taluja v Shree Shirdi Sai Sansthan Sydney Limited
[2016] NSWCA 158