Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188 (31 July 2019) (Bell P at [1]; Leeming JA at [35]; Emmett AJA at [36]) - 13wentworthselbornechambers
16853
post-template-default,single,single-post,postid-16853,single-format-standard,ajax_fade,page_not_loaded,,qode-child-theme-ver-1.0.0,qode-theme-ver-16.8,qode-theme-bridge,disabled_footer_top,wpb-js-composer js-comp-ver-5.5.2,vc_responsive
 

Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188 (31 July 2019) (Bell P at [1]; Leeming JA at [35]; Emmett AJA at [36])


Catchwords:


APPEALS – application for leave to appeal – notice of intention to appeal – delay in filing application for leave to appeal in context of ongoing proceedings – absence of compelling explanation for delay in exercising appeal rights in circumstances where a trial in the District Court had been set down for hearing – expedition in applications for leave to appeal in relation to ongoing proceedings

CIVIL PROCEDURE – pleadings – particulars – further and better – “back and forth” of requests for particulars and answers or non-answers persisted over the course of a year – obligation of practitioners to facilitate overriding purpose of Civil Procedure Act 2005 (NSW) in the making and answering of such requests

COSTS – exceptions to general rule that costs follow the event – application for permanent stay of proceedings – delay in bringing application for permanent stay of proceedings – delay in seeking leave to appeal the refusal of a stay – failure to seek expedition in application for leave to appeal in respect of ongoing proceedings