LAGARNA PTY LTD and Others v BRIDGE WHOLESALE ACCEPTANCE CORPORATION (AUSTRALIA) LTD

1 VR 150·TADGELL (1) and CUMMINS (2), JJ
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[1995] 1 VR 150
LAGARNA PTY LTD and Others v BRIDGE WHOLESALE ACCEPTANCE CORPORATION (AUSTRALIA) LTD SUPREME COURT OF VICTORIA APPEAL DIVISION TADGELL (1) and CUMMINS (2), JJ 23 February 1994, 04 March 1994
[1995] 1 VR 150
Appeal — Procedure — Abandonment — Order that appeal not be taken to be abandoned — Discretion — Stay of execution — Security for costs — Trustee company — Supreme Court Rules Ch 1, R64.12, R64.17(2), and R64.18. The appellants failed to deliver to the Listing Master a copy of the notice of appeal and a note of the proposed contents of the appeal book within the time required by R64.08(2) of the Supreme Court Rules. The consequence under R64.12(1) was that the appeal was taken to be abandoned. The appellants applied under R64.12(2) for an order that their appeal not be taken to be abandoned. They also sought a stay of execution of the judgment at first instance. The respondent sought an order that the appellants provide security for the respondent's costs of the appeal.

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[1995] 1 VR 150

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